fraternal order of eagles officers handbook

Phi Beta Sigma Fraternity (Rho Chapter), 706 So.2d 525, 529-30 (La.Ct.App. Beta Gamma Chapter of Pi Kappa Alpha, 273 Kan. Lambda Chi Alpha Fraternity, 616 N.W.2d 647, 654 (Iowa 2000) Prime v.

See e.g., Foster, 567 N.E.2d at 872 Garofalo v. While the courts of other jurisdictions have addressed the issue of a national fraternal organization's negligence in supervising a local chapter, most have done so only by analyzing the national organization's voluntary assumption of a duty to supervise, supra, or the national organization's relationship with the party who suffered the harm, rather than its relationship with the local chapter.

Whether a special relationship exists between a national fraternal organization and one of its local chapters, as would give rise to an affirmative duty of supervision and control, is a question of first impression in this state.Accordingly, we confine our discussion to the relationship between the Grand Aerie and Aerie 4313. The Carneyhans do not assert, and there is no evidence in the record to suggest, that the Grand Aerie had a special relationship with the decedent. 1988) Restatement (Third) of Torts: Liability for Physical Harm § 40, 41 (Proposed Final Draft No. A duty can, however, arise to exercise reasonable care to prevent harm by controlling a third person's conduct where: '(a) a special relation exists between the actor and the third person which imposes a duty upon the actor to control the third person's conduct, or (b) a special relation exists between the actor and the other which gives to the other a right to protection.' Restatement (Second) of Torts § 315 (1965).Where Grayson held that a dram shop had the duty to exercise reasonable care in the conduct of its own activities, the Carneyhans seek to impose a duty upon the Grand Aerie to control the activities of another, i.e., a semi-autonomous local chapter. At the outset, we note that the Carneyhans advocate a different theory of liability than that established in Grayson. The examination must be focused so as to determine whether a duty is owed, and consideration must be given to public policy, statutory and common law theories in order to determine whether a duty existed in a particular situation.įryman v. The requirement of 'duty to all' is a beginning point for any duty analysis. The issue of whether the Grand Aerie had such a duty is a question of law. 1987), imposes a duty upon the Grand Aerie to exercise reasonable care in supervising its local chapters. The Carneyhans argue that the 'universal duty of care,' discussed in Grayson Fraternal Order of Eagles, Aerie No. Although the Grand Aerie did not voluntarily assume the duty to supervise Aerie 4313, the question remains whether it nevertheless had a duty to oversee the local chapter and, if so, to what extent.

Fraternal order of eagles officers handbook