UK student’s jaw fractured at party. He’s suing frat, owners of alleged ‘party house.’
A University of Kentucky student is suing the Sigma Alpha Epsilon fraternity and several of its members for allegedly fracturing his jaw during an off-campus party.
Mark Clayton Oppenheimer has also named the landlords of what is being called the “SAE party house,” for not prohibiting parties at 1561 Elizabeth Street, even though they allegedly knew they were renting to SAE members, legal documents assert.
It’s a twist that could prove interesting for UK fraternities, which are not allowed to have alcohol on campus, and to landlords who rent space off campus for those fraternities’ unofficial second homes. The issue of off-campus parties has garnered extra attention in the wake of a recent tragedy at UK, where a pledge who had allegedly been at his fraternity’s party on Waller Avenue, was arrested and charged with DUI after hitting a four-year-old boy. The boy later died.
According to Oppenheimer’s lawsuit, the property’s owners, James and Michelle Haley “had reason to know the defendants intended to use the property for, among other things, off-campus parties for UofK-SAE ... the Haleys did not include any prohibitions in the lease of the property prohibiting the use of the property for parties.”
The complaint, which was filed in Fayette Circuit Court in July, said that Oppenheimer and his roommate were invited to the SAE “party house” on Aug. 26, 2017. When they reached the house on Elizabeth Street, they were told that only women would be allowed in, but after explaining they’d been invited, they were let in.
However, the lawsuit said, some SAE members disagreed and asked Oppenheimer and his friend to leave. As they did, a fraternity member allegedly punched Oppenheimer in the jaw, causing fractures that required substantial surgery, the suit said.
The Haleys were not available for comment. Attorney Brett Oppenheimer declined to comment. An attorney for the local SAE filed a motion to dismiss the case because he said SAE is not incorporated in Fayette County.
The lawsuit is asking for damages above $5,000. According to the court website, a hearing will be held in the matter on Sept. 28.