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Newsletter > November 2009 > "LAWSUIT FROM DEATH AT DREXEL"
LAWSUIT FROM DEATH AT DREXEL
Tim Burke, Manley Burke, tburke@manleyburke.com
On October 19, 2009, a lawsuit was filed in Philadelphia by the Administratrix of the Estate of Michael Arizmendi. The defendants in the suit include several fraternities and the Interfraternity Council and “Panhellia Council” and Drexel University. Also named as a defendant is David Arizmendi. The suit alleges that a Halloween party was organized two years ago in which alcohol was sold to minors. The defendant David Arizmendi is one of the minors to whom it is alleged alcohol was provided.
Paragraph 18 of the suit states in part that “David Arizmendi, while intoxicated, did negligently strike plaintiff’s decedent, Michael Arizmendi, his brother, as a result of which while intoxicated he struck his head on the floor and sustained personal injuries which ultimately led to his death” that same day.
As of this writing, no answers have been filed and it is far too early to determine what the facts are behind this complaint. Plaintiff will face a challenge to prove that the Greek groups and Drexel are responsible when it was the decedent’s brother’s actions that appear to be the proximate cause of decedent’s death.