Also on the deck, and also in the thrall of the night’s pleasures, was one Louis Helmburg III, an education major and ace benchwarmer for the Thundering Herd baseball team. His response to the proposed launch was the obvious one: he reportedly whipped out his cellphone to record it on video, which would turn out to be yet another of the night’s seemingly excellent but ultimately misguided ideas. When the bottle rocket exploded in Hughes’s rectum, Helmburg was seized by the kind of battlefield panic that has claimed brave men from outfits far more illustrious than even the Thundering Herd. Terrified, he staggered away from the human bomb and fell off the deck. Fortunately for him, and adding to the Chaplinesque aspect of the night’s miseries, the deck was no more than four feet off the ground, but such was the urgency of his escape that he managed to get himself wedged between the structure and an air-conditioning unit, sustaining injuries that would require medical attention, cut short his baseball season, and—in the fullness of time—pit him against the mighty forces of the Alpha Tau Omega national organization, which had been waiting for him.
It takes a certain kind of personal-injury lawyer to look at the facts of this glittering night and wrest from them a plausible plaintiff and defendant, unless it were possible for Travis Hughes to be sued by his own anus. But the fraternity lawsuit is a lucrative mini-segment of the personal-injury business, and if ever there was a deck that ought to have had a railing, it was the one that served as a nighttime think tank and party-idea testing ground for the brain trust of the Theta Omicron Chapter of Alpha Tau Omega and its honored guests—including these two knuckleheads, who didn’t even belong to the fraternity. Moreover, the building codes of Huntington, West Virginia, are unambiguous on the necessity of railings on elevated decks. Whether Helmburg stumbled in reaction to an exploding party guest or to the Second Coming of Jesus Christ is immaterial; there should have been a railing to catch him.
And so it was that Louis Helmburg III joined forces with Timothy P. Rosinsky, Esq., a slip-and-fall lawyer from Huntington who had experience also with dog-bite, DUI, car-repossession, and drug cases. The events of that night, laid out in Helmburg’s complaint, suggested a relatively straightforward lawsuit. But the suit would turn out to have its own repeated failures to launch and unintended collateral damage, and it would include an ever-widening and desperate search for potential defendants willing to foot the modest bill for Helmburg’s documented injuries. Sending a lawyer without special expertise in wrangling with fraternities to sue one of them is like sending a Boy Scout to sort out the unpleasantness in Afghanistan. Who knows? The kid could get lucky. But it never hurts—preparedness and all that—to send him off with a body bag.
College fraternities—by which term of art I refer to the formerly all-white, now nominally integrated men’s “general” or “social” fraternities, and not the several other types of fraternities on American campuses (religious, ethnic, academic)—are as old, almost, as the republic. In a sense, they are older: they emanated in part from the Freemasons, of which George Washington himself was a member. When arguments are made in their favor, they are arguments in defense of a foundational experience for millions of American young men, and of a system that helped build American higher education as we know it. Fraternities also provide their members with matchless leadership training. While the system has produced its share of poets, aesthetes, and Henry James scholars, it is far more famous for its success in the powerhouse fraternity fields of business, law, and politics. An astonishing number of CEOs of Fortune 500 companies, congressmen and male senators, and American presidents have belonged to fraternities. Many more thousands of American men count their fraternal experience—and the friendships made within it—as among the most valuable in their lives. The organizations raise millions of dollars for worthy causes, contribute millions of hours in community service, and seek to steer young men toward lives of service and honorable action. They also have a long, dark history of violence against their own members and visitors to their houses, which makes them in many respects at odds with the core mission of college itself.
by Caitlin Flanagan, The Atlantic | Read more:
Image: Phil Toledano