Plaintiff attended a large party hosted at a private residence rented by several fraternity members. After consuming several drinks, plaintiff interceded in an argument that erupted in the backyard among other persons who were at the party. While trying to assist a friend involved in that argument, plaintiff was shot and wounded by another person who was at the party. The shooter was never apprehended or identified. There was no evidence that the fraternity had any past incidents involving guns on the premises or involving violent criminal behavior. There was also no proof that the shooter was a minor or a visibly intoxicated person who had been served alcohol at the party.
Plaintiff brought a negligence action against the national fraternity, the local fraternity chapter, and several students who were leaders or members of the fraternity. Defendants moved for summary judgment, which the trial court granted.