Univ. of S. Cal. v. Superior Court of Cnty. of L. A.

Caution
241 Cal. Rptr. 3d 616·30 Cal. App. 5th 429
Court of Appeal of CaliforniaNovember 27, 2018B288180California10,518 words

Opinion

Lead Opinion

Micon, J.

*436 Carson Barenborg was dancing on a makeshift raised platform at a fraternity party near the University of Southern California (USC) when another partygoer *620 bumped into her, causing her to fall to the ground and suffer serious injuries. Barenborg, who was not a USC student, sued USC and others for negligence, alleging that the university had a duty to protect her from an unreasonable risk of harm and breached that duty by failing to prevent or shut down the party. The trial court denied USC's motion for summary judgment. USC filed a petition for a peremptory writ of mandate challenging the denial.

USC contends that it had no duty to protect members of the public from the conduct of a third party at an off-campus fraternity party. We agree and grant the petition.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Incident

Several fraternities and sororities affiliated with USC occupy houses in an area near the USC campus known as Greek Row, including a chapter of Sigma Alpha Epsilon Fraternity. 1 On October 10, 2013, the day of a home football game, several fraternities, including Cal. Gamma, held parties on Greek Row where alcohol was served. The street was crowded with…

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