Andrew Johnson from Salina is suing the fraternity he belonged to at the University of Kansas. He says the frat provided unlimited access to alcohol to him and other underage members at Sigma Phi Epsilon. Johnson was 18 at the time.
Johnson claims that after a drinking party two other underage frat brothers rammed his head into a concrete wall. The lawsuit contends the injury left Johnson cognitively impaired and robbed him of the ability to smell. He claims the fraternity is responsible.
"The injured student here contends that by rule, regulation, contract and Kansas law, the fraternity has a duty to prevent underage drinking at fraternity functions," Wichita attorney Dan Monnat says.
Johnson admits in the suit that he had also been drinking.
We asked college students at Wichita State what they think about the lawsuit.
"We have the freedom to make our own choices, and if those hurt us it's our responsibility," Jon Brooks says.
Emily Tysick says, "I think it's immature of him to sue his fraternity. He made his decisions, and I just don't think that's right."
But Monnat says the suit addresses a serious problem.
"Likely, the student is hoping the tide has changed--that the law and jurors are coming down harder on the 'animal house' antics of fraternity houses because they find real people get seriously injured."