Judge dismisses lawsuit Meola’s family filed against Ohio State, says university is not liable for an off-campus death

Gaurav Law
Tue, 07 Mar 2023 15:36:10 +0000
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An Ohio judge dismissed the wrongful death lawsuit Chase Meola’s family filed against Ohio State Monday.? Credit: Courtesy of the family of Chase Meola

An Ohio judge dismissed the lawsuit filed by Chase Meola’s parents against Ohio State for their son’s death Oct. 11, 2020, Monday.?

Judge Dale Crawford said in the dismissal Meola’s death did not occur on Ohio State’s campus, so the lawsuit could not move forward. Meola, 23 years old, was shot and killed near a party at the Phi Kappa Psi fraternity house on East 14th and Indianola avenues. Kintie Mitchell Jr. was accused of killing Meola and awaits trial at the Franklin County Court of Common Pleas.?

The complaint, filed by Meola’s parents — Margaret and Paul Meola — two years after his death, claimed despite its suspension from the university, Ohio State’s Delta Phi Psi chapter continued to act as an “active fraternity” by holding parties, serving alcohol and engaging in other activities on and before Oct. 11, 2020. Ohio State knew the chapter was acting underground “like a speakeasy right next to campus” and did nothing about it, the lawsuit claimed.?

Commonly known as Phi Psi, the fraternity was suspended in March 2018 and was allowed to return to campus in August 2022 for “violations including hazing, endangering behavior, and alcohol,” according to a 2018 Lantern article. The chapter was suspended at the time of Chase Meola’s death. The fraternity recently started recruiting founding fathers for the Ohio State chapter.

Crawford, who motioned to dismiss the lawsuit Feb. 17, said Chase Meola was not located on the university’s campus but rather in the University District, which he said Ohio State has no control over.

“Chase was a student at OSU, but at a party at his fraternity’s house at the time of his death,” Crawford said.

Crawford said according to precedent, public universities are “immune from liability” in taking action or neglecting “public duty.”? The lawsuit argued Ohio State failed to address its “off-campus criminal environment” by “suppressing police enforcement in the University District and other off-campus areas.” Crawford disagreed.?

“OSU’s duty to mitigate or prevent criminal activity and protect Chase and other students in the University District, including the fraternity house, relates to rendering safe the conditions of premises over which it did not have possession or control, and such is a duty OSU did not owe Chase,” Crawford said.?

University spokesperson Chris Booker said in a statement the ruling speaks for itself.

The Meola family has a pending lawsuit filed against the National Phi Psi fraternity and Ohio State’s Delta chapter.?

The Meola family was unable to be reached for comment by the time of publication.?