PLYMOUTH – More than three years ago we celebrated the life of PSU junior, Kelly Nester when it was tragically taken in a hazing related car accident, now the debate still continues, is it the school’s fault or not.
At the end of March the Grafton County Superior Court, Judge Burling, denied the University’s motion to dismiss the first and eleventh counts of the suit that have been brought against it by the Nesters’.
The first count affirms that the University, “voluntarily assumes the duty [to aid and protect the student body] through publication of a student code of conduct, the existence of a disciplinary system , and its establishment of a university office responsible for coordinating fraternities and sororities.”
The eleventh count against the University alleged that the University had caused negligent infliction of emotional distress (NIED) on the parents of Nester.
The court dismissed this count because the parents were at their home in RI when the event occurred. And the court precedents are that the persons must have witnessed the injury firsthand.
The case will go to trial sometime between late October and early November.
Vice-President for student affairs, Dick Hage declined to comment on the matter until after the legal process comes to a closure.