HUNTINGTON - A lawsuit filed against Alpha Tau Omega Fraternity by a Marshall University baseball player who was allegedly injured when an individual attempted to shoot bottle rockets out of his own anus at a fraternity party has been dismissed.
The lawsuit was also filed against Richmond Property Group Ltd., Travis Hughes, Marshall University Board of Governors and Marshall University Interfraternal Council. Marshall University Board of Governors was dismissed as a defendant in March.
On Nov. 4, a dismissal order was filed in Cabell Circuit Court.
The plaintiff and Richmond Property Group came before the court and stated that they had "come to a mutually agreeable settlement in the resolution of this matter," according to the dismissal order.
The parties requested that the court enter an order dismissing the action with prejudice and striking the action from the court's docket.
At about 1:30 a.m. on May 1, 2011, the fraternity was having a house party both Louis Helmburg III and Hughes were attending, according to a complaint filed Jan. 23, 2012, in Cabell Circuit Court.
Helmburg, who played for Marshall University’s baseball team, claimed Hughes became intoxicated and attempted to “shoot bottle rockets out of his anus on the ATO deck.”
When doing so, Hughes startled Helmburg, who then jumped back and fell off of the deck of the fraternity house and was injured, according to the suit. He was lodged between the deck and an air conditioning unit, he claimed.
Helmburg claimed there was no railing on the deck at the time of the incident.
The lack of railing had existed for at least several months, if not years, before the incident, according to the suit.
Helmburg claimed the fraternity was negligent in failing to provide a safe deck and that Hughes was at fault for consuming alcohol “which leads to stupid and dangerous activities.”
Helmburg was seeking compensatory damages with pre- and post-judgment interest. He was represented by Timothy P. Rosinsky of Rosinsky Law Office LC.
Marshall University Board of Governors was represented by Andrew P. Ballard of Campbell Woods PLLC.
ATO and Richmond Properties were represented by Joseph Selep of Zimmer Kunz PLLC.
The case was assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number: 12-C-57