Two former Chi Psi fraternity pledges filed a personal injury lawsuit against the Chi Psi Fraternity and associates regarding injuries caused by a balcony collapse at the Chi Psi house in April 2002.
McDaniel Brookman and Nathan Baston, who are suing for more than $1.5 million in damages, were at the house drinking alcohol with other pledges on April 18, 2002. According to their lawyer, Neil Lathen, they joined a group of 11 other people on the balcony and the stress of the weight caused it to collapse.
Baston fractured his left elbow, broke his left wrist and hurt his knees, according to the filed claim. Brookman broke his jaw in five places and dislocated his left shoulder. He also lost five permanent teeth and fractured several others.
Lathen — who is with the Salem law firm Swanson, Lathen, Alexander and McCann, P.C. — filed the lawsuit on Dec. 10, 2003.
The suit was filed against the local chapter of the Chi Psi Fraternity, including then-President David Waterfall, and the National Chi Psi Association and its associates: the local Chi Psi alumni association and its then-Vice President Bill Stephens.
According to the filed claim for relief, Waterfall was in charge of approving construction plans and inspecting house safety, while Stephens was responsible for the construction of the balcony.
Brookman and Baston also sued Tandem Property Management, Inc., the company responsible for constructing the balcony on the house.
Brookman and Baston assert that the balcony was not kept in proper maintenance and that the defendants failed to advise them of the balcony’s weight limit. They also said they were forced to consume alcohol and go onto the balcony, although it should have been blocked off due to its condition.
Donald Beeson, the risk management administrator for the National Chi Psi Association, said this is the first time an accident like that has happened.
Beeson said the chapter followed the proper crisis response procedures, adding that he was notified within an hour of the incident.
Beeson believed that the accident was solely caused by a faulty balcony.
“We don’t believe alcohol played any role in what happened,” he said.
He added that they discussed the situation with other Chi Psi chapters.
“We use it as a way to educate our other chapters of what could happen,” Beeson said.
The National Chi Psi Association employs an inspector in an attempt to prevent accidents like the one in Eugene. The inspector travels to all of the Chi Psi chapters that own a house. He said each house receives an inspection at least every three years.
Beeson added that he is flying into Portland later this week to meet with Brookman and Baston’s lawyer to discuss a possible settlement of the suit.