A UT student who claims his paralysis is the result of his fraternity's negligence at a 2003 party will likely hear a verdict today. Wesley Holloway was mostly paralyzed after belly-flopping into a makeshift pool.
Holloway, an undeclared natural sciences junior, claimed his state of paralysis is partially his own fault, but his former fraternity, the Austin chapter of Alpha Tau Omega, should share some of the blame.
At a foam party in May 2003, Holloway attempted to belly-flop into a pool less than a foot deep. He became paralyzed after he landed on the other side of the 12-foot-wide pool. Holloway, who was at one time a certified lifeguard, claimed the fraternity was negligent because it didn't have the pool built up to city safety standards. He also claimed the fraternity didn't consult its alumni on how to build a safe pool for the party.
Holloway's brother, Travis, also a member of the fraternity, was responsible for supervising pledge members in the making of the pool.
In his testimony, Travis said he never thought to display a "no diving" sign.
In the defense's closing speech on Thursday, attorney Jim Ewbank pointed out a list of 10 things he believed were excuses for a bad decision that was Wesley Holloway's own.
"It was probably the worst decision of his life," Ewbank said.
Ewbank urged the jury to consider that a belly-flop is still a type of dive, Holloway had been drinking, he knew when and where it was safe to dive because he had been a certified lifeguard and that he made the decision to stand on the 32-inch-tall picnic table and jump.
Ewbank explained to the jury in his argument that the pool was intended by the fraternity for rinsing off foam, not for diving.
Robby Allen, Holloway's attorney, began by pointing out to the jury that the defense did not provide an expert to say the pool was safe, only college students who were members of the fraternity.
"This pool was a disaster waiting to happen," Allen said.
He continued to point out that the fraternity officers did not ask permission from alumni members to have foam parties.
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