Boone County judge seeks more information as Riley Strain’s wrongful death lawsuit remains at a standstill

COLUMBIA, Mo. (KMIZ) -- Lawyers for the family of Riley Strain, a University of Missouri student who died on a trip with his fraternity brothers, and for the Delta Chi fraternity, Barrister Capital Corporation, and 39 of Strain's former fraternity brothers have until Dec. 10 to provide backing for their claims to Boone County Judge Josh Devine.

The Strain family filed a wrongful death lawsuit against the fraternity chapter, Barrister Capital and the 39 others in March. They say the fraternity did not follow safety protocols during a fraternity "formal" event in Nashville that led to Strain's death. The lawsuit also claimed Strain's fraternity brothers "abandoned him" by not accompanying him back to the hotel when he was kicked out of a bar, and didn't check on him until later.

Strain went missing on March 8, 2024, after being kicked out of Luke's Bridge 32 bar at Broadway and Third Avenue just before 10 p.m. Police found his body in the Cumberland River on March 22, 2024. Strain's death was ruled a drowning, with a toxicology report also finding alcohol and other substances in his system.

The hearing revisited the defense's request to dismiss the lawsuit. The defense argued that Strain's fraternity had no legal duty to protect him from harm because they did not have a "special relationship" under Missouri Law. Examples of a special relationship include a bus or train company and its passenger or a school and its student.

Strains lawyers argued that while the brothers may not have had a contractual agreement, the special relationship began when they took their oath to be initiated in the organization. By taking that oath, all the brothers undertook responsibility for one another as members of the institution.

Strains lawyers also claimed procedural errors by the defense, arguing that it was premature to file a motion to dismiss the case because there had not been ample time for discovery on either side.

The defense cited previous court cases to defend their requests for dismissal and said nothing in Missouri law prevents Strain's lawyers from conducting discovery on their own and refiling their case.

The judge noted a lack of supportive case law to define the relationship between fraternity brothers as a "special relationship." On Dec. 10, both sides will submit any further amended documents, new motions, and further case law examples to support their claims for the judge to take under advisement.

Devine said in the courtroom on Tuesday that he wants clarity from both parties by Dec. 30 on whether the lawsuit will continue.