Executive Summary
- Judge Josh Devine set a December 10 deadline for legal arguments regarding the dismissal of the Riley Strain wrongful death lawsuit.
- The defense argues no “special relationship” existed creating a legal duty to protect Strain.
- Plaintiff attorneys claim the fraternity initiation oath established a binding duty of care among members.
- The court will determine by December 30 whether the lawsuit against the fraternity and 39 members will proceed.
A Boone County judge has ordered attorneys representing the family of Riley Strain and the defendants in a wrongful death lawsuit to submit supporting legal arguments by December 10, following a hearing regarding the potential dismissal of the case. Judge Josh Devine is seeking clarification on whether a legal basis exists to hold the Delta Chi fraternity and its members liable for the death of the University of Missouri student.
The lawsuit, filed in March against the fraternity chapter, Barrister Capital Corporation, and 39 individual fraternity brothers, alleges negligence in connection with Strain’s death. Strain disappeared in Nashville, Tennessee, on March 8, 2024, after being removed from a bar during a fraternity formal. His body was recovered from the Cumberland River on March 22, and authorities ruled the death an accidental drowning involving alcohol intoxication. The family’s complaint contends that fraternity members “abandoned” Strain and failed to follow safety protocols.
During Tuesday’s hearing, defense attorneys argued for the dismissal of the suit, asserting that the fraternity had no legal duty to protect Strain from harm. According to the defense, no “special relationship” existed between the brothers under Missouri law, citing examples such as the relationship between a common carrier and a passenger or a school and a student as the standard for such liability.
Attorneys for the Strain family countered this claim, arguing that the fraternity’s initiation oath created a binding special relationship and a mutual responsibility for safety among members. The plaintiffs also argued that the defense’s motion to dismiss was premature, stating that insufficient time had been allowed for the discovery process.
Legal Ramifications
Judge Devine noted a lack of existing case law that explicitly defines the relationship between fraternity brothers as a “special relationship” carrying legal duties under Missouri statutes. The additional documents due on December 10 will be pivotal in determining whether the court accepts the premise that internal fraternity oaths establish legal liability. The court expects clarity by December 30 on whether the lawsuit will proceed, a decision that could influence future litigation regarding the responsibilities of Greek organizations. It is important to note that the claims filed in this lawsuit are civil allegations, and liability has not yet been proven in a court of law.
