Family of Stone Foltz files civil suit against fraternity & members

Stone Justin Foltz

By DAVID DUPONT

BG Independent News

The law firm representing the family of Stone Foltz, who died from alcohol poisoning following alleged hazing on March 4, has filed a civil complaint in Franklin County Common Pleas Court seeking damages for the tragic wrongful death.

The suit, filed by Cooper Elliott in Franklin County Common Pleas Court, alleges that the local chapter of Pi Kappa Alpha, the international Pi Kappa Alpha, 10 named individuals, and undetermined number of “John Does” were responsible for the death of the Bowling Green State University sophomore.

[Editor’s note: The Fraternal Law Newsletter reports: “While the civil litigation remains underway, the Estate of Stone Foltz as the Plaintiff arrived at a mutually agreeable resolution to the case with the Pi Kappa Alpha International Fraternity, the Delta Beta Chapter of Pi Kappa Alpha, and with the Chapter’s volunteer advisor. As a result, the Plaintiff dismissed all of its claims against those three parties on December 9, 2021.”]

“By filing a civil complaint on behalf of Stone Foltz and the Foltz family, we are doing what is necessary to hold the Pi Kappa Alpha International Fraternity, the local fraternity chapter, and individuals accountable for their behavior that led to Stone Foltz’s death. The complaint details a disturbing history of hazing within the international fraternity dating back almost 60 years, culminating in the tragic wrongful death of Stone Foltz. While nothing can bring Stone back to his family, we are confident the family will get justice and accountability through the legal system.”

The individuals named in the suit are: Daylen X. Dunson, the president of the Delta Beta Chapter at BGSU; Troy M. Henricksen, the chapter’s new member educator; Jacob A. Krinn, Foltz’s fraternity “Big Brother”; Jarrett Prizel, assistant  new member educator; Garrett Hord, also an assistant new member educator; Jamir Dodson, the chapter’s recruitment chair; Canyon Caldwell, a member of the chapter; Benjamin L. Boyers, chapter sergeant at arms; Niall R. Sweeney, external vice president of the chapter; and Aaron Lehane, either an inactive or active member of the chapter.

“John Does 1-10 are intended to be any and all individuals and/or entities who are liable to plaintiff for the injuries and damages suffered which is the subject of this action,” the suit states.

The suit details of the process Foltz had to follow to become a member leading up to the event in which he allegedly was “forced” to drink an entire bottle of alcohol before he could leave the event, which was held March 4 at the fraternity’s off-campus house at 318 N. Main St. the suit states he drank the bottle in “as little as 18 minutes.”

According to the suit, new members were told at the beginning of the initiation process: “[y]ou are about to embark on one of the best and most memorable experiences of your life. While it may be hard to see initially, throughout the weeks of the New Member process you will gain an immense amount of knowledge about the fraternity, about life, and about yourself.” The president’s statement ends: “Good luck with the following weeks.”

Foltz was driven back to his apartment after the party by Krinn, who left even though he was supposed to stay with him to make sure he was safe.

Foltz’s roommates found him, tried to revive him, and promptly called 911.

Doctors were unable to revive him. From March 5 through March 7, “Doctors at ProMedica Hospital went through herculean efforts to prepare Stone’s body for organ donation.”

The Lucas County Coroner determined Foltz died of fatal ethanol intoxication during hazing incident. He had a blood alcohol concentration of 0.394 g/dL, almost five times the legal limit, when he was admitted to the hospital. 

The suit has 11 counts:

  •  Several of negligence and negligent supervision against the international fraternity, the chapter, and officers.
  • Violation of Ohio’s anti-hazing law, against all defendants.
  • Infliction of emotional distress on Foltz, against all defendants.
  • Negligent Infliction of Emotional Distress against all defendants.
  • Civil Conspiracy against all defendants.

The suit asks for a jury trial. Amount of damages will be determined at the trial. They will include the family’s legal fees and “(s)uch additional relief as the Court deems just and equitable.”

Krinn, Dunson, Henricksen, Caldwell, Sweeney, Prizel, and Lehane also face criminal charges. Boyers had misdemeanor charges dropped.

The suit also details the fraternity known as PIKE’s history of hazing both nationally and at BGSU.