Yale Fraternity Sued for 2011 Tailgating Death

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The estate of the Salem woman killed by a rental truck in 2011 is suing the Yale fraternity of the driver. The death occurred when the rental truck ran into tailgaters at a Harvard-Yale football game. The lawsuit was filed against 86 members of the fraternity, including current and former members.

The estate of Nancy Barry originally filed the lawsuit against the national offices of Sigma Phi Epsilon, but they emphasized they did not approve the pregame gathering. The estate is now taking legal action against the Yale University chapter, according to their lawyer Paul Edwards.

“They are effectively cutting off its local chapter and members,” Edwards said. “I think that defense is bogus. It’s our claim that what happened at Yale two years ago was very clearly, definitely and obviously a Sigma Phi Epsilon-sponsored fraternity event,” said Edwards.

On Nov. 19, 2011, Barry was tailgating the football game with friends when a U-Haul truck carrying kegs of beer struck her and two others. A member of the fraternity drove the truck, and was taking the kegs to a party sponsored by the fraternity. Two others were injured, including a Yale student and a Harvard employee.

Ross had revved the truck’s engine in an effort to get pedestrians to move. Instead, the truck took off. Ross tried to hit the brakes but hit the gas pedal instead. He passed a sobriety tests shortly after the accident.

Ross’s charges were originally for negligent homicide with a motor vehicle and reckless driving.

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In February 2013, he was granted accelerated rehabilitation and ordered to perform 400 hours of community service to get the charges erased.

Yale has tightened their tailgating rules since the accident. Kegs of alcoholic beverages at university athletic events are banned. Over-sized vehicles like trucks and large commercial vehicles are banned from university lots unless drive by pre-approved authorized vendors.