Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Calp v. Tau Kappa Epsilon Fraternity

Because the appellees were not required to negate all possible issues of fact that could be presented by the appellants, the appellees met their burden of proof, thereby shifting the burden to appellants to present evidence that would preclude summary judgment.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appellants Lawrence and Paula Calp, individually and as representatives of the Estate of Tricia Calp; James and Louetta Hollister, individually and as representatives of the Estate of Emily Hollister; Donald and Susan Lanham, individually and as representatives of the Estate of Erika Lanham; Cynthia Flores, individually and as representative of the Estate of William Flores, and for and on behalf of Kylan A. McEachern, surviving minor child of William Flores; and Dolan and Marilyn Wostal, Jr., individually and as representatives of the Estate of Dolan Wostal, III (hereafter appellants); *fn1 and Mark and Ginger Bruton, individually and as next friend of Chase Bruton, a minor, and representatives of the Estate of Ted Bruton, deceased (hereafter the Brutons), *fn2 present this appeal from a summary judgment that they take nothing on their suit against appellees Tau Kappa Epsilon Fraternity, an Illinois non-profit corporation, and Tau Kappa Epsilon Fraternity, Pi Eta Chapter, a Chapter and Unincorporated Association of Tau Kappa Epsilon Fraternity. Tricia Calp, Erika M. Lanham, Emily Hollister, William M. Flores, Dolan W. Wostal, III, and Ted Bruton (hereafter referred to as students) were killed while walking on the shoulder of FM 60 when they were struck by a pickup truck driven by Brandon Kallmeyer in the early morning hours of October 10, 1999. By one point of error, the Brutons contend the trial court erred in granting appellees’ motion for summary judgment, *fn3 and by separate brief, the remaining appellants present five issues, to wit:

1. whether the District Court erred in granting the TKE Fraternity’s no-evidence point that it was a social host which owed no duty of care to the Children where Appellants’ uncontroverted summary judgment evidence established that the Children were owed a duty of care as invitees of the TKE Fraternity because it is a commercial enterprise which promotes its business with events like the one to which the Children were invited;

2. whether the District Court erred in granting the TKE Fraternity’s no-evidence point that it did not owe the Children a duty of care where Appellants’ uncontroverted summary judgment evidence established that the TKE Fraternity engaged in conduct which was “dangerous” and created a foreseeable risk of harm to the Children;

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Senior In-House Contracts Administrator

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›
COMMERCIAL FINANCE ATTORNEY - STAMFORD, HARTFORD OR NEW HAVEN OFFICES

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›
CORPORATE ATTORNEY (8+ Years) - REMOTE, CT

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements