A former international student is suing the Texas Law Chapter of the Sigma Alpha Epsilon fraternity for personal injury damages.
On March 3, 2023, Australian exchange student Julian Ascione and his girlfriend attended a party that Ascione believed was open to the public at SAE House. The fraternity did not charge an admission fee or restrict access, the report said. original petition.
During the party, Ascione’s girlfriend got up to go to the bathroom. While out, two SAE members approached Ascione and told him to leave. According to court documents, Mr. Ascione agreed to leave and fraternity members gave him permission to stay until his girlfriend returned.
While waiting for his girlfriend, another group from the fraternity asked Ascione to leave the party, according to the petition.
“The group appeared to be intoxicated and were becoming aggressive,” the petition states. “(Ascione) was punched in the face and fell to the ground. (His) leg was dislocated, ligaments were torn, his tibia was fractured, and his nose was broken. … When the assault was over, the fraternity boys He refused to call an ambulance and instead told (Ascione) to walk home.”
Lawyers for the defendants declined to comment.
Mr. Ascione’s attorney, Clay Rawlings, said Mr. Ascione has paid more than $100,000 in medical bills for four surgeries, but his injuries require more surgery.
Rawlings said she tried to get the fraternity to admit responsibility for the assault, but when SAE refused to accept liability, she ultimately filed suit. The petition names SAE, UT’s SAE chapter, the chapter advisor, and the chapter president as defendants. Ascione is seeking financial relief ranging from $1 million to $5 million.
According to the newspaper, the defendant’s lawyers initially moved the case to federal court, citing “alien jurisdiction,” which allows federal courts to take over cases involving foreign nationals if the lawsuit involves more than $75,000. I requested that it be done. Defendant’s Removal Notice.
But Rawlings said the defendants had “absolutely no basis (to move the case) to federal court.” Rawlings said the rules they cited only allow plaintiffs, not defendants, to move cases to federal court.
“They have enough ethics to admit they made a mistake and immediately filed an agreed motion to send it back to state court,” Rawlings said.
Rawlings said the case should return to state court immediately and the discovery phase, where attorneys gather evidence, will continue. He wants to uncover details such as who was involved and SAE’s security and action policy.
Mr Rawlings said: “While it is too early to speak to the evidence at this time, it will become clear in the future that there were problems with Mr. Ascione’s treatment after his leg was severely fractured and shattered.” “That’s unconscionable.”
Rawlings said a resolution could be reached within about nine months if the defendants admit liability. If not, it could take up to two and a half years before the case goes to a jury.
“As a result of his injuries, Mr. Julian Ascione was unable to continue his studies and was forced to withdraw from the university during the spring semester,” according to the plaintiff’s petition. “Julian Ascione has suffered and will likely continue to suffer for the rest of his life, if not for the rest of his life, from severe physical pain and suffering, emotional distress, disfigurement, impairment and disability. ”
