Parents' Wrongful Death Suit Claims Negligence and Conspiracy

By Merylee Robbins

Published on August 26, 2005

Kelly Ann Nester was killed over a year ago when she and nine other girls, all pledges or members of the unauthorized Sigma Kappa Omega sorority, were involved in a car accident. After a night of pledging activities, all ten girls piled into Nicole Dalton's Jeep Grand Cherokee. Driving down Route 3, the SUV rolled over, throwing Nester through the back window, and causing fatal head injuries, traumatic brain injuries, spinal fractures, and spinal cord injuries.

In their wrongful death suit, the Nesters contend that Plymouth State University was negligent for allowing the unofficial sorority to continue its existence, and essentially condoning the deliberate hazing of pledges and risky behavior that led to Kelly Ann's death. The Nesters have also named the SKO sorority sisters involved in planning the pledging, as well as the driver, Nicole Dalton, in the suit. Amongst the eleven counts listed in the lawsuit, the Nesters have also asserted a claim of negligence on the part of Dalton's parents for allowing Nicole, a driver with four previous speeding tickets, to continue to drive their vehicle. Recently the Nesters petitioned to add a civil conspiracy charge against the sorority sisters for knowingly planning and carrying out negligent and hazardous hazing activities. However thorough and meticulous the charges in the suit may be, one of the defense attorneys has stated that the conspiracy charge conflicts with charges of negligence, as one can not intend to commit a negligent act as the coexistence of the two definitions implies.

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