Court Dismisses Suit Against Phi Kappa Psi Resulting from Chase Meola’s Death 

Emily C. Couch, Fraternal Law Partners, emily.couch@manleyburke.com

In October 2020, an uninvited individual named Kinte Mitchell attended a party being held at the fraternity house of Ohio Delta Psi Fraternity, the local chapter of Phi Kappa Psi Fraternity at the Ohio State University.^[1]After being asked to leave several times, Mitchell was escorted out by several fraternity members including, Chase Meola (“Mr. Meola”). While being escorted off the property, Mitchell shot Mr. Meola in the head, killing him.^[2]

Mr. Meola’s father (“Plaintiff’) filed suit in October 2022 against Phi Kappa Psi Fraternity, Inc. (“Phi Kappa Psi”) and several other defendants for claims of wrongful death, survival action, negligence, and vicarious liability. The claims against Phi Kappa Psi were based on Plaintiff’s theory that Phi Kappa Psi had a duty to “warn visitors to the Ohio Delta Phi Psi House”; to “undertake reasonable steps to educate Chase Meola”; and “to undertake reasonable steps to make these areas safer” because “the University District where the Ohio Delta Phi Psi House is located is in a high crime area that experienced high levels of violent and non-violent crimes.”^[3]

Phi Kappa Psi filed a motion to dismiss on May 12, 2023, seeking dismissal of all claims for failure to state a claim upon which relief can be granted. Specifically, the Fraternity asserted that Phi Kappa Psi and the Ohio Delta Company, the house corporation that owned the house, did not owe a special duty or have a special relationship with Mr. Meola that would justify liability of either party. Phi Kappa Psi and The Ohio Delta Company argued that this was an egregious extension of premises liability. Specifically, that a national organization should not be held responsible for the death of one of its alumni members at the hands of an unrelated third-party and a house corporation serving as a landlord is not responsible for the death of a guest on the property at the hands of a trespasser.  

Agreeingly, the judge granted Phi Kappa Psi’s motion to dismiss for failure to state a claim upon which relief can be granted on March 18, 2024.

While Mr. Meola’s death is a tragedy, this is another important ruling for fraternities and sororities regarding liability for events occurring at and around chapter housing.

[1] Meola v. Phi Kappa Psi Fraternity, Inc. No. 2:22-cv-03658-ALM-CMV (S.D. Ohio Mar. 18, 2024).

[2] Id.

[3] Id. at *11–12

Author: Emily C. Couch