Life is always better, worse, funnier, and more tragic than any fiction…. Exhibit A:
A college student claims he was injured when a fraternity member in a “drunken stupor” decided “that it would be a good idea to shoot bottle rockets out of his anus,” and did so, “but instead of launching, the bottle rocket blew up in the defendant’s rectum, and this startled the plaintiff and caused him to jump back,” and fall off the fraternity’s deck.
Louis Helmburg III sued The Alpha Tau Omega Fraternity Inc., of Huntington, West Virginia, and Travis Hughes, a fraternity member, in Cabell County Court.
Helmburg claims – in a statement it would be difficult to deny – that “firing bottle rockets out of one’s own anus constitutes an ‘ultra-hazardous’ activity,” which exposes both defendants to strict liability. Helmburg says he suffered pain and medical expenses, and lost playing time on the Marshall University baseball team. He claims the Alpha Tau deck from which he fell lacked a railing, which violated Huntington building codes.
Helmburg says the fiasco came at about 1:30 a.m. on May 1, 2011, at an Alpha Tau house party he attended with his girlfriend. “Several of the people in attendance at said house party were under the legal drinking age, including defendant Travis Hughes,” the complaint states. “Most of the persons in attendance at said house party were also consuming alcohol with the full knowledge and consent of the ATO fraternity.”
Several Alpha Tau members were on the deck when Hughes got his bright idea, including one or more fraternity officers, Helmburg says.
h/t: Lowering the Bar and Iowahawk’s Facebook page.