New Jersey Court Reverses $260K Award to Family of Student

December 31, 2009

  • December 31, 2009 at 8:28 am
    djones says:
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    @ I’m just sayin, don’t they use the same BAC for driving and not driving? What BAC is used for being drunk in public?

  • December 31, 2009 at 11:08 am
    youngin' says:
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    “He was found to have a blood-alcohol level of .166, about twice the legal limit.

    There’s a legal limit on BAC in New Jersey?

  • December 31, 2009 at 11:14 am
    matt says:
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    “School policy forbade…drinking to intoxication”

    Glad to see a college with a realistic policy regarding student consumption of alcohol….. (sarcasm)

    It is grief stricken, lawyered-up parents like these with no sense of the concept of “personal responsibility” that are ruining America and bringing about things like “No Running” rules on school playgrounds.

    Suits like these force colleges to impose draconian policies like the above (essentially a “don’t ever do anything bad” school policy which is of course utterly unenforceable and thus substitutes meaningless drivel for what could otherwise be an effective policy).

    The college’s job is to educate the student body. They are not a police force, nor a babysitter, and they aren’t operating a day care. They are educating *adults*– you know, people who are old enough to go get blown up in Afghanistan. Apparently these same adults lack the ability to be responsible for their own *adult* decisions.

  • December 31, 2009 at 1:20 am
    I'm just saying says:
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    The legal BAC refers to driving with a BAC over the legal limit. what has that got to do with this situation?

  • December 31, 2009 at 1:21 am
    Ben Dover says:
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    The dead guy was the RA, the person who is supposed to enforce the rules for FDU in this case.
    The lawyer Epstein’s comments are typical lawyer crap. “FDU will never be held responsible for the safety of its dorm residents based on this decision” is ridiculous. The kid was in control of his actions and drinking and breaking the rules he was to enforce as a R.A. This is an unfortunate incident, but let the blame lay where it should: on the student.

  • December 31, 2009 at 1:30 am
    Reality Bites says:
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    This is just stupid for a whole host of reasons.

    * Orzech was working as an RA in the dorm. I wonder if this opens up Employers Liability issues, especially as the fall seems to have happened from the dorm he was stationed to supervise.

    * RA’s typically work to reduce the cost of their education, or as a requirement of their financial aid package. Living in a university-owned dormitory at a reduced rate IS an educational benefit.

    * School policy forbade “gatherings in dorm rooms where alcohol was served, drinking to intoxication and games that encouraged excessive drinking.” Conversly, gathering in an area outside of the “bar room”, drinking anything short of obliteration, and games that rely upon only moderate consumption would be allowed.

    * While the dead guy was old enough to consume alcohol, chances are that many others at the event were below 21.

    * What about the good samaritans who helped him get into bed when it appeared he couldn’t do it on his own? Do they have a vicarious liability for assuming he wouldn’t roll out of the bed which was right next to an open indow? Did they maybe aid gravity and toss him out?

    TOTALLY Ridickinson.

  • December 31, 2009 at 1:38 am
    sips says:
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    When I was an undergrad on Long Island in the early 70’s, we had a student who dropped some acid and thought he could fly from a 3rd floor dorm. He was wrong. His parents never filed any legal action as they knew he was responsible for his own actions. Nowadays, everyone wants someone else to hand over wads of $$ no matter where the liability lies. Maybe the parents should look in the mirror to see who failed in properly raising this young man.

  • December 31, 2009 at 1:50 am
    IJ Reader says:
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    GO MATT AND SIPS! My thoughts exactly! What’s going to happen tonight when *adults* are going out to parties with their friends who drink and drive or do stupid things??? Its New Year’s Eve! Good luck! Its EXTREMELY sad to see what these parents did NOT do for their child in teaching him that if he’s going to drink, he needed to be responsible…AND NOT DRINK! He’s there for school…not a social life! College students are going to do it…as they always have, but those parents need to get real!

  • December 31, 2009 at 1:56 am
    Ben Dover says:
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    The reality is that kids go to college and they are “free” for the first time in their lives. As parents, we need to teach our kids right from wrong, instill morals in them, and teach them to be and act responsible. At 18 or older, it is up to them to take what we taught and apply it in life. Most kids will go to college and they will drink, try pot and other drugs. You hope that they will not use alcohol and drugs to excess, or get into the real addictive drugs. You hope that your teachings will go heeded.
    This is not the college’s fault and may not be the parents’ fault (unless they did not teach him not to jump out a 3rd story window and expect to live).

  • December 31, 2009 at 2:28 am
    Jen says:
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    Thanks youngin I needed a laugh today!!!

    Happy New Years IJ Commenter’s



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