Boone County judge hears arguments in first court hearing for Riley Strain lawsuit
Marie Moyer
COLUMBIA, Mo. (KMIZ)
Several people could get dropped from the lawsuit filed by the family of former University of Missouri student Riley Strain at a court hearing Tuesday.
Strain’s family filed a wrongful death lawsuit against the Delta Chi fraternity in March, claiming the fraternity did not follow safety protocols during a March 2024 fraternity “formal” event in Nashville that led to Strain’s death. The lawsuit also claimed Strain’s fraternity brothers did not accompany him back to the hotel when he was kicked out of a bar and didn’t check on him until later.
Jacob Lewis, the family’s attorney, argued that both the national Delta Chi organization and Strain’s fraternity brothers were obligated to both monitor the event and help Strain.
“This was a foreseeable act, particularly for a fraternity that is well aware of the consequences of alcohol, Lewis said. “If you put somebody in a position that they now need help because of your actions, you have taken upon yourself a duty.”
Lewis added that Delta Chi has several training and safety videos as well as an online member portal, so the organization would be able to stay in touch with fraternity activities.
“They regularly communicate with people through social media apps they have, though the portal that they have, they can exert an area of control that would not have been possible even 30 or 40 years ago,” Lewis said.
The defense argued that the fraternity was not responsible for Strain’s actions, adding that it’s unreasonable to expect the organization to closely monitor the events of more than 100 local fraternities across the nation.
“The allegations don’t involve forced alcohol consumption, there’s no allegations that Mr. Strain had a bottle of vodka taped to his hand, but this was free and voluntary intoxication by someone who could legally purchase and consume his own alcohol,” defense attorney Clayton Tompson said. “National organizations do not have sufficient resources to monitor activities and protocols.”
Since its filing, numerous defendants have requested that Devine remove them from the lawsuit. Attorneys agreed on dismissing nine fraternity members earlier this month.
Some attorneys during Tuesday’s hearing argued that the suit was filed in the wrong state, arguing that the core events of Strain’s death happened across state lines.
“We’re going to be dealing with the EMS, police officers, investigators,” said Robert Wulff, who is the defense attorney for one of the fraternity members. “Any witnesses that may come forward in future discussions, all of that is going to be taking place in Tennessee.”
Lewis argued Missouri is the correct state to hold the trial since the event was planned and alcohol was bought at the Delta Chi house. This includes Jell-O shots that were allegedly made, along with transportation being organized to bus members from the home to Nashville.
“Riley Strain was offered and did consume jello shots, he did those things, we claim, the entire trip across Missouri,” Lewis said.
Strain went missing on March 8, 2024, after being kicked out of Luke’s Bridge 32 bar on Broadway and 3rd Avenue just before 10 p.m. Police found his body in the Cumberland River on March 22, 2024. Strain’s death was ruled a drowning, with a toxicology report also finding alcohol and other substances in his system.
Boone County Judge Joshua Devine did not make any decisions Tuesday, adding that there was “a lot to consider.”
Devine did grant the defense attorneys a week to file additional suggestions for their motions, which are due on Tuesday, Aug. 19.