Penn settles Tobin wrongful death suit, does not admit fault

Over four years after Penn alumnus Michael Tobin's death at a fraternity house on campus, the University reached a settlement with the Tobin family this summer.

According to University spokeswoman Phyllis Holtzman, after two weeks of trial in Philadelphia's Court of Common Pleas -- which began on May 19 -- Penn and the Tobin family reached "a confidential settlement that was satisfactory to both sides." The trial, presided over by Judge Paul Panepinto, concluded shortly after Penn's defense case began.

Tobin, a 1994 College graduate, fell to his death near an outside staircase at the Phi Gamma Delta fraternity house in 1998. He had attended an alumni dinner hosted by the fraternity -- also referred to as FIJI -- at 3619 Locust Walk.

Tobin's body, discovered by a fraternity member face-down in a garbage pile behind the house the following morning, had sustained multiple injuries, including a badly fractured skull. The severity of his injuries indicated to experts that Tobin most likely died almost instantly. It was also determined that Tobin had a blood alcohol level of .23 when he died.

Two years later, the Tobin family filed a wrongful death suit against the University, Phi Gamma Delta and Trammell Crow, a company to which Penn outsourced some maintenance duties, seeking $5 million in damages reflective of Tobin's potential earnings.

The plaintiff's case included the argument that the 14-step staircase was in violation of municipal code, that its handrail was not at the proper height, and that it was the University's responsibility to maintain the property.

The University, represented by former Penn Law Professor Dan Segal, stressed Tobin's alcohol consumption on the night of his death, and argued that it was possible he did not simply fall down the stairs, but from a higher location, such as a balcony.

Though the specifics will remain confidential until sometime this fall, University officials plan to create two funds to help maintain facilities on campus as a result of the case.

One fund, the Michael E. Tobin Memorial Fund, will be used for maintenance and repair of all University residences.

The second fund, the Michael E. Tobin Greek Housing Renovation Fund, will be used for capital improvements at Greek organizations. According to Wendy White, the University's general counsel, the criteria for the funds are currently being developed and have yet to be finalized.

According to Tobin family attorney Patricia Pierce, Penn did not admit fault for the incident. She said that it is "really a matter of interpretation" whether Penn will take any responsibility at all for Tobin's death.

Holtzman indicated that the University is "pleased that the Tobin litigation has been settled."

"Michael Tobin was an adult, responsible for his own behavior, and the University feels that the settlement, which will provide University resources for the continuing renewal of undergraduate housing, is a fair outcome," University President Judith Rodin said. "It's a satisfactory outcome for us."

The Tobin family was equally relieved with the resolution of the matter. Pierce described the family as "very satisfied."

"The whole process, I think, was healing for them," she said. "They feel that good has come from the lawsuit, which was their intention," Pierce said.

While legal issues regarding Tobin's death have taken years to resolve, other effects were more immediate. Shortly afterward, FIJI disbanded, and the University's alcohol policy underwent a sweeping transformation.

Directly following the incident, Rodin issued a full ban on alcohol at undergraduate parties. Provost Robert Barchi then led a committee to re-examine Penn's policies, relying largely on student input. In the fall of 1999, a number of changes, including stricter monitoring, a ban on hard alcohol, an emphasis on education counseling and a "Bring Your Own Beer" policy -- which was later abandoned -- were implemented.

Still, Rodin noted that "no aspect of the University's alcohol policy would have stopped a mature adult from doing what he did."

She added that she does not see any need to further alter Penn's current policies.

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