Last May, the boys of
Sigma Chi decided to build their own equivalent of a kiddie pool on the front lawn of their fraternity. They then proceeded to drink, as frat boys are wont to do. Eventually, an inebriated Kevin Manning decided that he was properly immortal and that diving head-first into two feet of water from a platform in a tree was a good idea. He was immediately paralyzed from the neck down. He was 20 years old at the time.
Now, nearly a year later, the Gazette-Times reports that
Manning has filed a lawsuit. He is suing the fraternity, Oregon State University, and the City of Corvallis for a grand total of $50 million.
I might be able to buy the argument against the fraternity. They had a party where minors were obviously able to obtain alcohol. They constructed the makeshift pool knowing that people would be drinking heavily, because that seems to be what happens at frat parties. However, Manning says that the university is negligent because they granted the party permit to the fraternity in the first place, and then makes the more bizarre claim that Corvallis itself is somehow at fault for his unfortunate injury
because they allowed the fraternity to fill the pool with a city water source. The fraternity asked permission to use a fire hydrant to fill the pool and permission was granted, a fairly routine practice here in town. Does this mean that my family can sue Corvallis for wrongful death if I fill my bathtub, pop a bunch of sedatives and drown myself?
I feel for Kevin Manning. His life was shattered before he really had a chance to live it properly, but as much as he would like to angrily blame the world for his misfortune, it seems pretty clear that the blame falls a little closer to home. His attorneys admit that he was drinking, but say that "he was not drunk" when the incident occurred. Except that he clearly was. A quick glance at the police report shows that his blood alcohol level was still 0.22 by the time he had been stabilized and tested at the hospital. If he had been driving, he would have been arrested. If he had injured himself by wrecking his car with a blood alcohol level that high, his insurance company wouldn't even pay his hospital bills, because he would have been considered negligent. How is this different?
Contrast this with the
front page story of the Oregonian today, about a little boy named Jordan Clarke, who was born at Oregon Health Sciences University and whose breathing tube was accidentally disconnected after open heart surgery, leaving him blind, brain-damaged and quadriplegic. Because of the Oregon Tort Claims Act, a law that caps damages in lawsuits involving state agencies, Clarke and his family can't receive more than $200,000 from OHSU, even though the hospital admits fault in this case. His medical expenses have already dwarfed that amount, and are expected to reach about $11 million in his lifetime.
There are situations where lawsuits make sense. But nobody pushed Kevin Manning, nobody coerced him into jumping, nobody plied him with booze and then helped him onto the platform. He made a bad choice. It would be great if he would channel his energy into speaking at fraternities and college campuses about the idiocy of binge-drinking and how easy it is to ruin your life in a split second. But he doesn't automatically deserve a multimillion dollar award because he made a horrible, regrettable mistake.