Hughes v. Beta Upsilon Bldg. Ass'n
| Decision Date | 20 January 1993 |
| Citation | 619 A.2d 525 |
| Parties | 80 Ed. Law Rep. 893 Mark HUGHES et al. v. BETA UPSILON BUILDING ASSOCIATION. |
| Court | Maine Supreme Court |
Julian Sweet (orally), David J. VanDyke, Berman & Simmons, Lewiston, for plaintiffs.
George C. Schelling (orally), Gross, Minsky, Mogul & Singal, P.A., Bangor, for defendant.
Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD and COLLINS, JJ.
Plaintiffs Mark and Mary Hughes appeal from a summary judgment entered in the Superior Court (Penobscot County, Smith, J.) in favor of the defendant, Beta Upsilon Building Association, on their complaint for negligent injury to Mark Hughes. The Hugheses contend that there exists a genuine issue of material fact concerning the Association's ability to control the activities of Mark's fraternity. Because the power to control does not necessarily create a duty to control, we affirm the judgment.
The following facts were developed for the purposes of the defendant's motion for a summary judgment. Mark Hughes was a member of the Beta Upsilon Chapter of the Alpha Tau Omega Fraternity at the University of Maine in Orono. He attended meals, meetings, and social events, but did not live in the fraternity house. The Maine Beta Upsilon Building Association owned the building that housed the local chapter of ATO ("chapter house") and the surrounding grounds. The Association consisted of university graduates who were members of ATO as undergraduates. The Association rented all of the real estate, i.e., the chapter house and grounds, to the local chapter pursuant to an oral agreement.
On September 24, 1983, ATO sponsored a mud football game on the fraternity grounds, an annual event. The ATO members prepared the field for the game by flooding a bermed area in the back of the chapter house and driving a four-wheel drive vehicle back and forth across the flooded area until mud was created. In 1983 the mud football game was held on Parents Weekend. Although this particular event had previously been held on Homecoming Weekend, the Association rescheduled the game for Parents Weekend so it would not interfere with the alumni fund-raising that traditionally occurs on Homecoming Weekend. The 1983 mud football event consisted of a full contact football game between two sororities and then a second football game between ATO and the Orono chapter of Alpha Gamma Rho. No one wore pads, helmets, or any equipment.
Mark Hughes, a spectator rather than a player, was injured at some point shortly after the fraternity game began. For unexplained reasons, Hughes walked to the edge of the playing field, stood on the berm surrounding the field for a few moments, and then dove headlong into the muddy field. As a result Hughes suffered a broken neck and spinal injuries, leaving him a quadriplegic. Hughes was twenty-two years old at the time.
On the day of the mud football game in 1983, alcohol was being served at the chapter house, at least to ATO members. Not only were there no strict rules of play for the game, there were no restrictions on consumption of alcohol by the players. In fact, the events of the day were intricately tied to the consumption of alcohol. It is undisputed, however, that Hughes was not intoxicated at the time of his injury.
Although the Association's relationship with ATO was that of landlord and tenant, the Association was more intricately involved with the activities of ATO than a typical landlord. The Association members were active alumni and were privy to reports that the chapter advisor prepared for the national organization. The Association was notified by the chapter advisor of potential problems with the ATO undergraduates, such as over-consumption of alcohol. Moreover, it was the Association's duty to insure that the undergraduate ATO members did not violate state or university regulations. As such, it answered questions for the undergraduates and dealt with the fraternity liquor policy. According to the national fraternity organization, the Association was in a position to influence the undergraduate fraternity members positively and, depending on the situation, to supervise and control the undergraduate members and to impose certain requirements.
The Hugheses brought a personal injury action against the Association, seeking damages for the alleged breach of its duty "to use reasonable care and provide a reasonably safe premises" and the alleged breach of its duty "to warn invitees of the dangers associated with the activities conducted on the premises." The Association moved for a summary judgment on the ground that as a landlord it was not responsible for undergraduate activities. The Hugheses appeal from the ensuing...
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