Defendant responds to fraternity fall lawsuit

One of the defendants in a lawsuit filed by a former University of Idaho student and her parents has denied responsibility for the injuries the student sustained after falling from a fraternity house window in September 2009.

The former student, Amanda Andaverde of Caldwell, Idaho, was a 19-year-old sophomore at the UI and member of the Delta Delta Delta (Tri Delta) sorority when the accident occurred early Sept. 10, 2009, at the Sigma Alpha Epsilon (SAE) fraternity house at the UI.

Andaverde, who had reportedly consumed alcohol at two fraternity house parties the night of Sept. 9, 2009, was reportedly lying with a man on his bed at SAE when she rolled over and inadvertently fell 25 feet out of an open window onto concrete, causing extensive injuries.

Her Sept. 7 lawsuit filed in Latah County Second District Court names the UI, Idaho State Board of Education, several SAE companies, Tri Delta's parent company and a handful of "John Doe" individuals associated with SAE as defendants. The lawsuit essentially states the defendants didn't do enough to ensure the safety of the SAE house and to prevent Andaverde from consuming alcohol.

In a document filed with the court Tuesday, an attorney for Theta Tau House Corporation - owner of the Tri Delta house - responded to Andaverde's allegations that no members of the Tri Delta sorority attempted to stop Andaverde from consuming alcohol, even though Andaverde's lawsuit said the house had a policy that upperclassmen monitor minor underclassmen to make sure they did not drink.

Attorney Jeremiah A. Quane of the Boise-based Carey Perkins LLP, writing on behalf of Theta Tau House and Tri Delta, denied Andaverde's allegations but acknowledged the student "injured herself" at SAE.

"Plaintiff Amanda F. Andaverde engaged in and conducted herself in a negligent and careless manner at the time of and in connection with the matters and damages alleged, which proximately caused and contributed to said events and her resultant damages, if any," the court filing states.

It calls for the lawsuit's dismissal and reimbursement of the defendants' lawsuit costs.

Quane also filed a document in Second District Court on Feb. 6 motioning for the disqualification of Judge John Stegner in regard to the lawsuit. The document, filed without cause, does not elaborate on the motion for disqualification. No action had been taken on the motion as of Wednesday afternoon.

Also as of Wednesday afternoon, no other defendants had responded to the lawsuit's allegations, and no hearings had been scheduled.

The UI and Idaho State Board of Education are being represented in the suit by Lewiston-based attorney Theodore O. Creason, and Sigma Alpha Epsilon is being represented by attorney Brian T. McGinn of Coeur d'Alene.

Litster Frost Injury Lawyers of Boise are representing Andaverde and her parents.

Holly Bowen can be reached at (208) 882-5561, ext. 239, or by email to hbowen@dnews.com. Follow her on Twitter: @DailyNewsHolly