Parents resolve fraternity lawsuit

The parents of an IU sophomore who died almost three years ago from injuries he suffered at a Theta Chi rush party have settled a lawsuit they filed against the fraternity.\nA jury trial had been scheduled for Nov. 17 in the U.S. District Court of Southern Indiana, but at the last minute, attorneys scheduled a settlement conference for Wednesday. The terms of the settlement will not be released.\nThe student, Seth Korona, died Feb. 4, 2001, of a skull fracture he sustained at a party a week earlier at Theta Chi. After doing a "keg stand," police said, Korona fell and hit his head on a metal door frame at the house.\nKorona was hospitalized two days later and remained in a coma until he was taken off life support. He was 19.\nUpon completion of an IU Police Department investigation, Monroe County Prosecutor Carl Salzmann decided not to file criminal charges, but IU disciplined students through its campus judicial process.\nWendi and Gary Korona filed their lawsuit against Theta Chi in November 2001, saying the fraternity played a role in their son's death by providing alcohol and for failing to get Korona medical help. Theta Chi's local chapter was disbanded after Korona's death.\nTheta Chi attorney Bryce Bennett said the case has been "resolved," but he would not discuss terms of the settlement.\nKorona lawyer Richard Hailey did not return phone messages Thursday, but last week said he expected a seven-figure judgment from a jury trial.\n"I think this is a major recovery case, no doubt about it," he said. "If the jury verdict is low, it sends a clear signal the public doesn't care about how these chapters behave."\nBut the lawsuit will never see a jury.\nBennett said Wednesday's resolution agreement includes no acceptance of liability on the part of the fraternity, but he said the Koronas plan to pursue legal action against Bloomington Hospital and other healthcare providers for malpractice.\nState law puts no cap on Theta Chi's liability but limits damages that could be imposed on Bloomington Hospital at $1.25 million.\nDoctors initially treated Korona for meningitis, but culture tests eventually ruled out the bacteria. The county coroner said if doctors had known immediately that Korona had sustained a blow to the head, they might have been able to do more to treat him.\nHank Nuwer, an expert on hazing and binge drinking on campus and a Franklin College professor, said few similar cases ever go to trial, and settlement figures are rarely made public.\nHe said undisclosed settlements can provide closure for both the victim's family and the fraternity.\nStill, he said the settlement should send a message that serving alcohol at rush activities is "nonsensical."\n"Parents would like to think their son's death sends a clear message and will change things," Nuwer said.