Judge Dismisses Drinking-Death Lawsuit Against NIU Fraternity

David Bogenberger and his sister, Megan.

A judge has decided a family cannot sue a Northern Illinois University fraternity and students who encouraged their 19-year-old freshman son to drink himself to death during a pledge party.

David Bogenberger, of Palatine, died in November 2012 with a blood alcohol level of .430, five times the legal limit for intoxication. That December, 22 arrest warrants were issued for members of the Pi Kappa Alpha fraternity.

In February 2013, the Bogenberger family filed suit against more than three dozen members of the fraternity and members of a sorority who attended what was called a “Mom and Dad Party,” during which frat and sorority members played moms and dads, asked pledges questions and then made them drink alcohol.

The Bogenbergers’ lawsuit contended that the students failed to help their son when he fell unconscious. Instead, they put him to bed and left him to die. According to DeKalb County Coroner Dennis Miller, Bogenberger had an enlarged heart and the alcohol caused an arrhythmia, which led to his death.

In dismissing the suit on Friday, Circuit Court Judge Kathy Flanagan said the plaintiffs failed to show that Pi Kappa Alpha required intoxication for membership. Peter Coladarci, the Bogenbergers’ attorney, told the Chicago Tribune he will appeal.

“The impression (the parents) get is, ‘Are these defendants going to get away with this? Is nobody going to be held accountable for it?’” Coladarci said.

Five student officers of the fraternity still face felony hazing charges:

• Alexander M. Jandik, 21, of Naperville, fraternity president
• James P. Harvey, 21, of DeKalb, fraternity vice president
• Omar Salameh, 21, of DeKalb, fraternity pledge adviser
• Patrick W. Merrill, 19, of DeKalb, fraternity secretary
• Steven A. Libert, 20, of Naperville, event planner

Bogenberger is survived by his parents, formerly of Palatine, now residing in Florida, along with his older brother, his triplet sister and brother, and a younger sister.