Tobin suit may reach trial

A lawsuit brought against the University after the on-campus death of alumnus Michael Tobin may move to trial later this fall.

Tobin, a 1994 College of Arts and Sciences graduate, fell to his death at an annual alumni dinner for the Phi Gamma Delta fraternity, also known as FIJI, held at what was once its house at 3619 Locust Walk on March 20, 1999.

The suit claims, among other things, that the University, which owns the property, and several other defendants were negligent in their upkeep and the regulation of the fraternity house, and that negligence contributed to Tobin's death.

The suit was filed in March of 2001 by Jon Tobin, Michael's father and the executor of his estate. It has been in a discovery period for a little over a year.

Attorneys for Tobin's estate said that, barring any appeals, the discovery period would end on Oct. 7 and the case would be sent to trial in December or January.

University spokeswoman Phyllis Holtzman said that although Tobin's "death was a tragedy... the University does not believe there is any fault on their part."

The suit was also filed against Trammell Crow, the management company which cared for University facilities at the time of the death, and the local and national chapters of Phi Gamma Delta fraternity.

Patricia Pierce, the plaintiff's attorney from the firm of Willig, Williams & Davidson said that there "were serious concerns about the way the house was maintained -- or not maintained -- particularly as regards the back steps."

While the 26-year-old Tobin's death was ruled an accident, police interviews indicated that he had been drinking throughout most of the evening prior to his death. After the annual Pig Dinner at the fraternity, Tobin most likely made his way out the back entrance of the fraternity house, where he lost his balance and slipped down the back stairs.

The Penn chapter received a suspension from the national branch of Phi Gamma Delta for violations in conduct.

Soon after the suspension, the 117-year-old chapter was disbanded by the brothers.

In 2003, Phi Gamma Delta will be eligible for recolonization re-recognition by the University. The fraternity's former house has been utilized by the University as office space following the chapter's disbandment.

The complaint maintains that Tobin's death was "a direct and proximate result of... acts of negligence on the part of each and every defendant." Tobin's father is asking for in excess of $50,000 plus interest and costs from each defendant.

But Pierce said that beyond the financial retribution, the Tobin family would like the fault of the death of their son to be recognized by the University.

Tobin's "death could have been prevented," Pierce said. "The Tobins need to hear an acknowledgement of that by the University.

"I think they are socially conscious enough to look towards the welfare of the students of the University."

While the University maintains that it was not at fault in the incident, Tobin's death was a catalyst for the University's current alcohol policy.

Following Tobin's death, University President Judith Rodin temporarily banned alcohol at all undergraduate events while a committee was formed to revamp the University's alcohol policy. The campus erupted in protest of Rodin's decision -- one that came without student input.

In the fall of 1999, after students rallied on College Green to protest the policy, a new University alcohol policy banned hard liquor from undergraduate on-campus parties, required that these parties end at 1 a.m. and imposed stricter monitoring procedures at such events.

"The University went through a thoughtful review of the alcohol polices and culture," Office of Student Conduct director Michele Goldfarb said. Tobin's death was "a catalyst for open and honest discussion."

According to Goldfarb, the new alcohol policy is more codified and explicit.

"The focus had shifted," Goldfarb said. "I think it was an important change."

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