FUREK v. UNIVERSITY OF DELAWARE


594 A.2d 506 (1991)

Jeffrey V. FUREK, Plaintiff Below, Appellant, v. The UNIVERSITY OF DELAWARE, a Delaware Corporation; Sigma Phi Epsilon, an unincorporated association; Sigma Phi Epsilon Fraternity, a Virginia Corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

Supplemental Briefing: October 29, 1990.

Decided: July 24, 1991.


Attorney(s) appearing for the Case

Roger A. Akin and Christopher J. Curtin (argued), Sawyer & Akin, P.A., Wilmington, for appellant.

Victor F. Battaglia, Sr. (argued), and Francis S. Babiarz, Biggs & Battaglia, Wilmington, for appellee University of Delaware.

Richard P.S. Hannum (argued), Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for appellee Sigma Phi Epsilon.

P. Clarkson Collins, Jr. (argued), Morris, James, Hitchens & Williams, Wilmington, for appellee Sigma Phi Epsilon Fraternity.

Before CHRISTIE, C.J., HORSEY and WALSH, JJ.


WALSH, Justice:

This is an appeal from a decision of the Superior Court that granted judgment notwithstanding the verdict, thus invalidating a jury award of damages, in an action brought by a student for injuries sustained in a fraternity hazing incident at the University of Delaware. The plaintiff below-appellant, Jeffrey V. Furek ("Furek"), had sought damages against the fraternity, Sigma Phi Epsilon ("Sig Ep"), its national...

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