HARRISBURG – The Sigma Delta Tau Society (SDT) sorority has asked a federal court in Pennsylvania to dismiss it from a lawsuit filed against it, York College of Pennsylvania and several other sororities and fraternities by a woman who was severely injured at an on-campus social event after a night of underage drinking and illicit drug use.
SDT filed a motion to dismiss Jan. 7 in the U.S. District Court for the Middle District of Pennsylvania in Ruiz-Rivera v. York College of Pennsylvania and others, arguing plaintiff Savannah Ruiz-Rivera falsely asserted SDT is an agent of any of the defendants and failed to show agency relationship. SDT also claims it did not host, participate in the planning or was present at the event Ruiz-Rivera attended.
Ruiz-Rivera filed a lawsuit Sept. 20 alleging negligence after she became intoxicated, used drugs and fell off a balcony in September 2017 at a series of fraternity and sorority parties at York College's Spring Garden Apartments.
"SDT National had no knowledge of the activities allegedly involving the SDT local chapter and/or its members on the night of the incident, nor did it have the ability to control said activities," SDT stated in its motion.
In her Jan. 13 response to SDT's motion, Ruiz-Rivera argues she "was served alcohol despite being under age 21 and/or while being visibly intoxicated" and was given "illicit drugs at the same event by moving defendant’s agents and/or its members and/or its local chapter."
"The case law is clear that the facts set forth in plaintiff’s complaint must be accepted as true, the facts alleged in the complaint are sufficient if they show that the plaintiff has a 'plausible claim for relief,' and the allegations 'raise a reasonable expectation that discovery will reveal evidence of the necessary elements of the case against defendant Phi Kappa Psi Fraternity," Ruiz-Rivera argued in her response.
U.S. District Court for the Middle District of Pennsylvania case number 1:19-CV-01636