Rigdon v. Kappa Alpha Fraternity

Jennifer Rigdon was attacked by a guest during a party she attended at the Kappa Alpha Fraternity “KA” house on the Mercer University campus. Rigdon sued KA, the Corporation of Mercer University the “University”, and her assailant, Sara Richardson, for damages allegedly caused by the altercation. KA and the University moved for summary judgment, and the trial court granted both motions. In Appeal Number A02A0914, Rigdon challenges the court’s grant of summary judgment to KA, and in Appeal Number A02A1444, she asserts that the court erred in granting summary judgment to the University. Because both appeals involve common facts and issues, we consolidated them for review. For reasons that follow, we affirm the court’s judgment in both cases.

To prevail on their respective motions for summary judgment, KA and the University were required to show that there were no genuine issues of material fact and that they were entitled to judgment as a matter of law.1 On appeal from the trial court’s grant of summary judgment, we apply a de novo review of the evidence to determine whether KA and the University met this burden.2 We also construe the evidence in a light most favorable to Rigdon, as the party opposing the motions.3