Lawsuit in student's death heads back to court - FOX 29 News Philadelphia | WTXF-TV

Lawsuit in student's death heads back to court


INDIANAPOLIS (AP) - A fraternity is going back to court over the fatal alcohol poisoning of an 18-year-old Wabash College freshman.

The Indiana Court of Appeals ruled Wednesday that a Montgomery County judge erred when he ruled Delta Tau Delta had no duty to protect freshman pledges to its chapter at the college in Crawfordsville, about 40 miles west of Indianapolis.

Johnny Smith of Tucson, Ariz., was found dead at the fraternity house following a 2008 party. Court records say fraternity members provided alcohol that intoxicated Smith and then required him to drink hard liquor. Court records say Smith was so drunk he fell down a stairwell and members carried him to an upstairs room where he was later found dead.

A message seeking comment was left at the Fishers-based fraternity's national headquarters.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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