Judge sides with Delta Chi fraternity members in wrongful death lawsuit for Riley Strain

Strain was on a trip with the MU Delta Chi chapter to Nashville, Tennessee, in March 2024 when he disappeared after being kicked out of a bar downtown for intoxication. He was found dead 14 days later on March 22, and his death was ruled an accidental drowning. Medical examiners found Strain's blood alcohol level was nearly three times the legal driving limit in Tennessee at the time of his death.

A year after Strain's death, his parents and stepparents filed the wrongful death lawsuit against the fraternity and 30 fraternity members. The lawsuit argued that the fraternity members were negligent, careless and reckless.

Nearly six months later, Devine dismissed one count, which alleged vicarious liability for Strain's death against the Delta Chi Fraternity as the apparent agency. There were six total counts.

Devine heard arguments on Dec. 2 and has been considering pending motions since Dec. 11. Devine issued the judgment Wednesday following that hearing.

"While the Court has great sympathy for the profound and tragic loss suffered by Plaintiffs, it is unaware of any court in the United States which has recognized the existence of a so-called 'special relationship' that might give rise to a claim for damages based on a duty owed by one adult fraternity member to another due to their shared status as 'fraternity brothers,'" Devine wrote in the judgment.

Devine's Wednesday ruling grants judgment in favor of 18 fraternity members, along with the fraternity itself and the owner of the Delta Chi fraternity house in Columbia. Claims against seven other fraternity members and John Doe and Jane Doe defendants remain pending, according to court records.