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11/29/01
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Campus

Judge dismisses Severson suit

By Dave Stephens
Assistant Campus Editor

The wrongful death lawsuit brought against Purdue by the parents of a slain residence hall counselor has been dismissed.

Judge George Heid of Tippecanoe Superior Court 2 ruled in favor of the case's defendants by granting their motion of summary judgement. Purdue and Tippecanoe County, along with Purdue's board of trustees and residence hall officials, were named in the lawsuit filed by the parents of Jay Severson, who was killed in his Wiley Hall room on Oct. 16, 1996. Jarrod Eskew, a freshman who Severson caught in possession of cocaine the night before, shot and killed Severson with a sawed-off shotgun. Eskew later killed himself.

The lawsuit, which was filed by Don and Sandy Severson three years after the death of their son, alleged that Purdue and the Tippecanoe County Sheriff's Department failed to protect Severson after he was threatened by Eskew. Defendants in the case alleged that the University is a part of the state of Indiana and was protected from such claims. They also claimed Severson had failed to follow proper procedure in reporting the incident to police.

Andy Wirick, lawyer for Don and Sandy, said the motion for summary judgement was granted on the basis of legal issues — and not on the actions of Severson.

"Whether or not Purdue can claim that it is an arm of the state was one of the major issues that was looked at in the motion," said Wirick.

Wirick added that although he was disappointed with the judge's decision, it doesn't mean the case is necessarily over.

"At this point, under the trial rule, we have 30 days to file a motion to reconsider," said Wirick. "Or we can try to take it on appeal."

Wirick said he plans to discuss the available options with the parents of Severson and to make a decision within the next 20 days.

Joe Bennett, vice president of University Relations, said Purdue is pleased with the judge's decision.

"The judge agreed with Purdue's argument," said Bennett. "We continue to feel sympathy with the family and the whole Wiley family that was involved with the incident, and we're glad this issue has been resolved."

 

 

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Campus editor: Laura Pelner

Assistant campus editors: Kurt Esposito, Dave Stephens

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