Background Facts

David Bogus attended a pledge event at the Pi Kappa Alpha fraternity house at Mexico State University (MSU). The MSU chapter officers planned an evening of hazing, during which the pledges were required to consume vodka provided by the members.

By the end of the night, David's blood alcohol level was more than five times the legal limit. He lost consciousness. The chapter officers failed to seek medical attention. David died during the night. His father, Gary, filed a complaint in an New Mexico state court against the MSU chapter and its officers, on a theory of negligence.

The plaintiff alleged that the defendants required the pledges, including David, to participate in the pledge event and to consume excessive and dangerous amounts of alcohol. Unfortunately, the State of New Mexico is one of six states that doesn't have any type of anti-hazing legislation. David's father plans to bring a cause of action in the appropriate New Mexico court for wrongful death under a theory of negligence.

Create

• Take a position representing either the fraternity chapter at MSU or David's father Gary. Draft a brief legal memorandum comprised of five sections from the background facts and research