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Date: 03-10-2023
Case Style:
Stephen M. Gruver and Rae Ann Gruver v. State of Louisiana, et al.
Case Number: 3:18-cv-00772
Judge: Shelly D. Dick
Court: District Court, East Baton Rouge Parish, Louisiana
Plaintiff's Attorney:
Defendant's Attorney: David Mark Bienvenu, Jr., Anthony J. Gambino, Jr., Anthony Joseph Lascaro, Lexi T. Holinga, Patrick Hays Hunt for the State of Lousiana
Michael Adams Fiser for Ryan M. Isto
Charles C. Garrison, Lauren Alaina Camel Begneaud and Michael Campbell for Sean P. Gott
Patrick Dominic DeRouen, Adam Joseph Boyer, Laurie Lee DeArmond, and Matthew James Hamilton for Zachary A. Castillo
Adam P. Massey, Janna Messina Kiefer, and Robin D. Cassedy for Elliot D. Eaton
Keith Severio Giardina for Patrick A. Forde
Thomas G. Buck and Brett Tweedelfor Zachary T. Hall
Robert Heath Savant and Mark Thomas Assad for Hudson R. Kirkpatrick
John P.Wolff, III, Christopher K. Jones, George Aaron Wright, Richard Wolff, Sydnee Menou for Matthew A. Naquin
Christopher P. Ieyoub for Daltin Babineaux
Blaine Thomas Aydell and William Ransom Pipes for Philip Clark
Timothy Earle Pujol, Ashley D. Tadda, Barbara Lane Irwin for Michael Clayton Comeaux, Jr.
Thomas Richard Temple, Jr. and Druit George Gremillion, Jr. for Luke St. Germain
Jason P.Foote, Keith P. Richards and Steven James Moore for Haider Laghari
Adam P. Massey and Morgan Stacy Wilson for Sean Pennison
P.M. Donvan for Allstate Insurance Company of Canada, Inc.
Description: Baton Rouge, Louisiana personal injury lawyer represented Plaintiffs who sued Defendants on civil rights violation, wrongful death and negligence theories claiming to have suffered more than $250,000 in damages and or injuries as a direct result of Defendants' wrongful acts, errors and/or omissions.
The parents of Maxwell "Max" Gruver sued Louisiana State Unversity, Phi Delta Theta and others on wrongful death theories claiming that Max died as a direct result of hazing by the members of the local chapter of Phi Delta Theta in 2017.
A 2017 college hazing incident at Louisiana State University (“LSU”) resulted in the death of Max Gruver. In August 2018, Plaintiffs brought this action against Ryan Isto (“Isto”) and several other defendants. Isto is insured under a homeowner's policy (the “Policy”) issued to his parents by Allstate Canada.[5] This Policy includes “Family Liability” coverage, insuring claims made against the insured for legal liability “arising out of [an insured's] personal actions anywhere in the world.”[6] In this Policy, Allstate Canada also stated that it “will defend any suit against [an insured] alleging bodily injury property damage and seeking compensatory damages, even if it is groundless, false or fraudulent.”[7]
Prior to naming Allstate Canada as a Defendant in the action, Plaintiffs entered into a Gasquet agreement with Isto and State Farm through a Policy which insured Isto. This released Isto and State Farm from personal liability, leaving Isto as a “nominal defendant” for the purposes of pursuing recovery from Allstate Canada as an additional or excess insurer.[8] On June 23, 2020, Plaintiffs filed a Second Amended Complaint, adding Allstate Canada as a defendant pursuant to the Louisiana Direct Action Statute, as an insurer of Isto. The Second Amended Complaint alleges that Allstate Canada is a foreign corporation, incorporated under the laws of Canada, and having its principal place of business in Canada.
Allstate Canada previously filed a Motion to Dismiss for Lack of Personal Jurisdiction under Rule 12(b)(2),[9] asserting that it did not have sufficient minimum contacts with the State of Louisiana to subject it to personal jurisdiction in this Court. The Court denied Allstate Canada's Motion to Dismiss, finding that this Court has jurisdiction over Allstate Canada based on the Duty to Defend clause in the insurance policy.[10] The Parties cross-moved for summary judgment.
* * *
In describing the events on the evening of September 13, 2017 that led to Max's death, Allstate Canada cites to several allegations in Plaintiffs' original Complaint. On that night, Max and other fraternity pledges were summoned to the Phi Delta Theta (“Phi Delt”) Fraternity for a “lineup.”[28] The pledges were forced to partake in a hazing ritual known as “Bible Study,” where they answered questions about the fraternity.[29] If a pledge answered incorrectly, he was compelled to take a three to five second “chug” of 190-proof liquor.[30] After participating in this ritual, Max died of alcohol poisoning on September 14, 2017; his autopsy disclosed a blood alcohol level of 0.495.[31]
At the time of the incident, Isto was an LSU student and a member of Phi Delt fraternity.[32] During his deposition, Isto testified that he was criminally prosecuted by the East Baton Rouge Parish District Attorney's office for hazing, to which he pled “no contest.”[33] Isto began attending LSU in the fall of 2016.[34] He testified that his understanding of fraternities was that they were places to meet people and to drink.[35] He joined Phi Delt fraternity in the fall of 2016.[36] He described the culture of Phi Delta Theta as “built around hazing.”[37] In the fall of 2017, Isto was a sophomore and an active member of Phi Delt fraternity.[38] He continued the tradition of hazing he had experienced as a pledge, explaining that he wanted pledges to undergo the same type of hazing.[39]
Isto admitted that the purpose of his participation in the “lineup” and “Bible Study” was to haze the pledges.[40] Isto arrived at the house at approximately 10:20 p.m. for Bible Study.[41] He went upstairs where the “lineup” was already taking place. The pledges were standing in a dark hallway with their noses against the wall.[42] Loud music was playing, strobe lights were on, and the pledges were drinking.[43] The pledges were ordered to assume the “wall sit” position where they would press their backs against one wall and brace their legs against the other. Members of the fraternity would then walk across the pledge's legs with the express purpose of inflicting pain.[44]
Isto admitted to handling the bottles of alcohol that were given to the pledges.[45]One brand of liquor being consumed was Diesel, a 190-proof grain alcohol,[46] and Isto brought a bottle of Captain Morgan rum that the pledges were required to drink.[47] Isto admitted that pledges were “forced” or “required” to consume the alcohol; that he participated in this hazing; that he knew it was illegal; and that he knew someone could be killed or harmed as a result.[48] Isto further admitted that, after the conclusion of the “Bible Study,” Max appeared to be the most intoxicated of the participating pledges.[49]
Allstate Canada contends its Policy excludes coverage for bodily injury caused by the intentional and/or criminal actions of its insureds. It also excludes coverage for bodily injury caused by the physical, psychological or emotional abuse or harassment occasioned by an insured person as well as any bodily injury that arises from an insured
person's failure to prevent such physical, psychological or emotional abuse from occurring.[50]
Plaintiffs filed an Opposition accompanied by an Opposing Statement of Material Facts,[51] denying or qualifying most of the purported facts offered by Allstate Canada. Plaintiffs take issue with Allstate Canada quoting allegations from the original Complaint, since the Second Amended Complaint controls.[52] Citing record evidence, Plaintiffs claim Isto never asked or told Max to drink alcohol during the Bible Study because he did not know Max well enough and did not feel comfortable asking him to drink.[53] Isto never gave Max alcohol on September 13-14, 2017, and he never told any of the other Phi Delt members at the September 13, 2017 Bible Study to make Max drink alcohol.[54] Isto observed the Greek alphabet phase of the Bible Study, but he did not direct Max to drink alcohol during that phase, or any other time during Bible Study.[55] Plaintiffs also contend Isto did not admit to requiring Max to do wall sits or wear a garbage bag during Bible Study. Isto specifically denied directing the pledges to assume the position of a wall sit, and he testified that he did not know who tied the garbage bag around Max's neck or why a garbage bag was tied around Max's neck.[56]
Plaintiffs also challenge Allstate Canada's evidence that Isto acknowledged that he knew his conduct in the “lineup” was illegal or that someone could get killed by this behavior. Plaintiffs cite Isto's testimony, where he denied that he understood “that subjecting a student to unreasonable risk of harm by requiring him to consume toxic amounts of alcohol would be considered hazing?”[57] Plaintiffs further point out that the testimony cited by Allstate Canada, wherein Isto testified that he understood that what pledges were being forced to do in the “lineup” was illegal and could result in someone being harmed or killed, was not asked about the night of September 13, 2017, but about a pledge event that took place before September 13, 2017.[58] Plaintiffs submit that Allstate Canada's “statements of fact” that the Allstate Canada Policy excluded coverage for Isto's conduct should be stricken as legal conclusions.[59]
Outcome: 03/09/2023 338 ORDER: The Clerk of Court for the Middle District of Louisiana shall provide lunch for the jurors on Wednesday, March 8, 2023. Signed by Chief Judge Shelly D. Dick on 3/9/2023. (EDC) (Entered: 03/09/2023)
LSU paid $875,000 to settle the claims made against it and a jury awarded the Plaintiffs $6.1 million.
Plaintiff's Experts:
Defendant's Experts:
Comments: