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Rocha v. Faltys

Simply taking an adult to a location where he can choose to engage in an allegedly dangerous activity does not constitute negligent creation of a dangerous situation.

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Appellants Julia Rocha and George Rocha Sr., individually and as representatives for the Estate of George Rocha Jr. (the Rochas), appeal the trial court’s order granting summary judgment in favor of appellees Michael Faltys, Pi Kappa Alpha-Alpha Omicron Chapter (the fraternity), and Pi Kappa Alpha International Fraternity (Pi Kappa Alpha International) (collectively appellees). The Rochas also appeal the trial court’s denial of their motion for continuance and the trial court’s rulings on their objections to affidavits filed by Faltys, the fraternity, and Pi Kappa Alpha International. We will affirm the judgment. *fn2

FACTUAL AND PROCEDURAL BACKGROUND

This case arises out of a tragic accident that occurred on April 26, 1998. At the time of the accident, George Rocha Jr. was a twenty-one-year-old junior at Southwestern University in Georgetown and a member of Pi Kappa Alpha fraternity. On April 25, 1998, George and his friend Faltys (a former suitemate who was also a member of the fraternity) attended a crawfish boil at the fraternity house. George consumed some beer at the crawfish boil, which officially ended at 6:00 p.m.; an informal open house followed for some period of time. Around 2:45 a.m. on April 26, George and Faltys, accompanied by three co-eds from Southwestern, went to a local swimming spot on the San Gabriel River called the “Blue Hole.” At the Blue Hole, Faltys and George climbed to the top of some cliffs that overlook the river. Faltys dove into the river from the cliffs and then, according to appellants, encouraged George to do the same. George, who was unable to swim, also jumped from the cliffs but began floundering as soon as he hit the water. Despite the efforts of Faltys and other students to save George, he drowned.

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