MOSCOW Raul Andaverde and Esmeralda Banda offered to drop their lawsuit in exchange for a settlement from the University of Idaho, the State Board of Education and the national fraternity and its local chapter. The offer is open until June 15.
The lawsuit was filed in September by the Boise firm of Litster Frost on behalf of the Caldwell student, who was a 19-year-old sophomore and Delta Delta Delta sorority member when she attended two fraternity house parties late Sept. 9 and early Sept. 10, 2009, in Moscow.
She reportedly consumed alcohol at both parties.
At the second party, she reportedly was lying on a bed in the Sigma Alpha Epsilon house with a fraternity member when she rolled over and out an open third-floor window. She fell about 25 feet before hitting concrete and suffering serious injuries.
The lawsuit alleges the fraternity house window was not equipped with adequate safety devices, and that older members of Tri-Delta were supposed to prevent Andaverde from consuming alcohol as a minor.
The Andaverdes lawsuit argues that the university and State Board of Education are at fault because they oversee the Greek community and require freshmen to live on campus, including in fraternity and sorority houses.
The university and State Board argued they had no duty to protect Andaverde while she was not on university property.
A judge granted the parent company of Tri-Delta its request to be dismissed from the lawsuit, arguing that the local chapter operates autonomously.
Requests from the remaining defendants for the suit to be dismissed are set for June and July.