April 7, 2013 in City, Idaho

Student sues fraternity after falling

Brandon Macz Moscow-Pullman Daily News
 

A University of Idaho student injured after falling from a three-tiered bunk bed at the Delta Chi house following a party two years ago is now suing the national fraternal organization for incurred medical costs and other damages.

She alleges the injuries came from falling out of a third-story window.

Krysta Huft in her lawsuit filed Friday against the national fraternity and 10 “John Does” alleges the Idaho chapter was negligent in providing her with beer and vodka despite her being underage and not verifying her age at the time. That, the suit argues, contributed to her falling from a window on the third-story sleeping porch where she was taken after falling asleep at a party in April 2011. She also alleges Delta Chi did not maintain safe premises, including a lack of window stops, lock guards or bars to prevent her fall. Her medical costs are stated to be more than $10,000.

The lawsuit contradicts an investigation by the Moscow Police Department, which concluded Huft had fallen to the floor from an upper level of the bunk bed where she was taken after falling asleep during the party. The lawsuit said Huft woke up on a basketball court below the third-story window. Moscow Police Lt. David Lehmitz said the department’s investigation concluded that was a result of her losing consciousness as she was taken outside after the fall from the bunk bed.

“She wanted to go home,” he said. “She said that her back hurt and, once she got outside, she kind of collapsed. There was no evidence she fell out of a window.”

Her lawsuit claims until April 10, 2011, she “was a vivacious, happy, energetic and athletic 18-year-old.” The police investigation said she was 20 at the time of her fall.

She suffered a broken pelvis and injured ankle as a result of her accident. A 20-year-old Delta Chi member was subsequently cited for dispensing alcohol to a minor, Moscow police Chief David Duke said, but no other criminal offenses were found by the department related to Huft’s injuries.

“I know her condition was so severe she’ll probably never be able to gain her abilities back both physically and mentally,” Duke said.

Huft is requesting a jury determine an amount in damages owed by Delta Chi for medical costs, pain and suffering, loss of enjoyment of life, and mental anguish and distress along with attorney’s fees. A hearing before Latah County 2nd District Judge John Stegner has been set for Oct. 7.

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