It started as a happy pre-game birthday party for a familys son. But things got ugly fast.
In October 2002, Roy Sparks went with his family to Sam Boyd Stadium in Nevada to see a football game between the University of Nevada, Reno and the University of Nevada, Las Vegas. Before the game, the Sparks family went to a designated tailgate area at the stadium, met some friends, and had a birthday party for their son.
In a nearby area, Jeffrey Clack attended a separate tailgate gathering that was organized by the University of Nevada Alumni Association and the Southern Nevada Young Alumni Chapter. Members of two local chapters of a fraternity were there as well, although Clack was not a fraternity member.
When the Sparks family went to put some things in their car, Clack and two others were near it. After the Sparkses asked the men to move, a fight broke out between Roy Sparks and Clack. During the skirmish, Clack bit off a piece of Sparkss nose.
The Sparkses later sued a number of individuals and entities, including the two local chapters of the fraternity as well as the national fraternity to which they belonged.
But the court said neither the national fraternity nor the local chapters could be held liable. The national fraternity didnt have a duty to protect them from injuries inflicted by a third party, and the local chapters didnt control the area where the fight took place.
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