A former member of the University chapter of Alpha Tau Omega is suing the fraternity for $25 million after belly-flopping into a homemade pool and breaking his neck at an ATO party.
Wesley Holloway, now 20, attended a foam party at the fraternity's house in May 2003. Shortly before the party started he allegedly climbed on top of a picnic table and jumped into the pool containing less than a foot of water to splash partygoers sitting nearby. Holloway hit his head on the side of the pool and suffered injuries that rendered him a quadriplegic.
Pledges to the fraternity had constructed the pool in the backyard of the house out of hay bales and a plastic tarp for members and guests of the party to wash themselves off during the foam party. Portable water slide was also constructed, which encouraged "horseplaying" by attendees of the party, according to the suit.
Holloway is suing the fraternity for negligence, claiming that the pool was unlicensed and did not follow city standards of safety. According to the suit, the pool was not properly designed and constructed, and lacked the proper lighting and warning signs.
However, Jim Ewbank, ATO's lawyer, said that the structure did not fit the city's definition of a pool and did not need to be licensed and inspected. In addition, Holloway testified that he could see the bottom of the pool and had known the depth before jumping in.
Holloway was certified as a lifeguard by the American Red Cross at the time of the accident and had worked as one the previous summer, Ewbank said.
Because Holloway injured himself by hitting his head on the side of the pool and not the bottom, Alden said that Holloway's certification is a non-issue.
Holloway began drinking several hours before the party at a friend's apartment and did not consume any alcohol at the ATO party, according to his testimony.
According to a toxicologist's testimony, his blood alcohol content that night was estimated to be .082-.085. The legal limit is .08.
Despite the fact that Holloway drank before the party, Alden contends the fraternity was negligent in allowing members and guests to drink in the unsafe conditions that night. Ewbank said the party was BYOB and waivers of liability were signed by everyone, including Holloway.
While a $25 million suit may seem like a lot of money, Alden said it is actually average for other similar lawsuits involving paralysis around the state.
"How do you put a price tag on not being able to get out of bed for the rest of your life?" Alden said.
However, Ewbank finds the entire suit to be "outrageous".
"His injuries were horrific, tragic and unnecessary," said Ewbank. "But here's a man who drank to excess and made the stupidest mistake of his life and now wants $25 million for it."
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