 "Photo: File Photo")
The family of a former UT student who died after a night of binge drinking at a fraternity party announced a settlement Tuesday in a lawsuit against the fraternity and its members.
The wrongful death lawsuit was filed against the Lambda Phi Epsilon national and local Zeta Chapter in January of 2006, one month after the death of pledge member Phanta "Jack" Phoummarath.
Randall Sorrels, the family's attorney, said the Phoummaraths settled for $4.2 million and a set of conditions, including requiring the defendants to participate in an anti-hazing video, which will be paid for by a portion of the settlement money. The family will also use the settlement money to establish a permanent University endowment or scholarship for a student who creates an anti-binge drinking program on campus, Sorells said.
On the night of Dec. 9, 2005, Phoummarath participated in a "crossing-over" ceremony at the Lambda Phi Epsilon house. As part of the initiation ceremony, the pledges were required to consume multiple bottles of alcohol that evening, including those who did not drink or were ill, according to a police affidavit.
Around 12:30 a.m., Phoummarath was dragged upstairs, and he passed out on a mattress in the living room of the back house. Fraternity members drew lewd pictures and messages on Phoummarath with permanent marker while he was incapacitated. Phoummarath was pronounced dead around 1:30 p.m. after police were called. According to the affidavit, an autopsy later revealed he had a blood alcohol level of .41.
"Really it could have been foreseen had we paid more attention," said pledge captain Andrew Nguyen in an instructional video, entitled "Enough Is Enough," about the event and the dangers of hazing.
Criminal charges were filed in December 2006, in addition to the lawsuit.
"I think [the Phoummaraths] still suffer on a daily basis from the loss of their son. However, they see some positives coming out of this tragedy," Sorrels said, adding that the family hopes to save lives by creating the endowment.
The Daily Texan reported in September 2007 that the fraternity pleaded no contest, received a $5,000 fine and had its charter revoked until 2011.
The fraternity's former president Benny Chan, 24, Nguyen, 22, and Kamal Pulukuri, 23, all received two years probation, $1,000 fines and were instructed to participate in the production of an educational video to "warn future members of fraternities and sororities about hazing," according to their plea agreements.
To promote the video, Sorrels said he sent letters to nearly every college in every state in the country. He said video is designed for students between the ages of 17 and 23. The family hopes the video will help change fraternity and sorority culture, he said.
"I think it was the best outcome possible under these very difficult circumstances," Sorells said of the lawsuit.
The anti-hazing video created by the defendants can be seen and downloaded at www.inmemoryofjack.com.
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