The parents of a former University student and member of the Sigma Alpha Epsilon fraternity were awarded $16.2 million this week from the national and local chapters of the group, nearly two years after the death of their son.
Tyler Cross died in November of 2006 after falling from his fifth-story balcony at University Towers after a night of drinking with the fraternity. The amount awarded includes damages for pain and suffering, mental anguish and funeral costs, according to the lawsuit.
The decision from District Judge John Dietz came by default after the fraternity refused to respond to the lawsuit issued in September by the family‘s attorney, Robert Alden.
“It was the Cross’ hope that through mediation some agreements might be reached that would increase the possibility that the decades-long tradition of hazing at the SAE fraternity would be reduced or eliminated,” Alden said in a statement. “Unfortunately, the SAEs summarily rejected the offer to mediate, leaving the Crosses no choice but to file suit for the hazing and death of their son.”
The lawsuit continued after Alden was rejected by insurers representing SAE, he said.
Alden said the default was the last resort in the process, after trying several times over several months to contact SAE officials. An answer was expected Oct. 6, and Alden waited until Oct. 22 to move forward on the suit, he said.
“I was left with no choice, and I did what I needed to do,” Alden said.
In April, four former local SAE officers were charged with hazing and providing alcohol to a minor during the fall 2006 semester. Affidavits said the members shocked pledges with cattle prods, beat them with pieces of bamboo and forced them to binge drink. It also described drinking incidents during the night before Cross died.
Alden said there is still a lawsuit pending against three alumni organizations related to the fraternity. Lawyers from those groups contacted Alden and asked for an extension in preparing for a lawsuit. An answer is expected from those groups the first week of November, he said.
“I fully expect them to respond,” Alden said. “I don’t think that’s going to be an issue — especially after I got a default judgment against the national and the chapter.”
Alden said that the amount awarded may seem substantial but it falls short of the value of Cross’ life, and what he meant to his parents.
“When you lose a child like they did, I don’t know when, if ever, they get over it,” Alden said.
Officials from SAE could not be reached for comment Thursday.
