Parents of a sorority girl file lawsuit after she falls out of apartment window and spends months in a coma.
At a Boston rental house, Sarah Cox, a Northeastern University student, sustained injuries in a fall.
In March 2023, Sarah Cox, a junior at Northeastern University in Boston and a member of the Phi Omega chapter of the Alpha Epsilon Phi sorority, suffered "catastrophic" injuries after falling out of a second-story window during a party.
The rental house property manager, the sorority, the sorority's student president, and the Northeastern chapter of the sorority are being sued by Cox's family for the injuries she sustained when she fell in the rental house.
On March 31, 2023, from 6 p.m. to 6:30 p.m., members of the sorority were at a rental home on Judge Street in Boston's Mission Hill neighborhood before their formal. During this time, Cox fell from a kitchen window.
According to a lawsuit filed in Suffolk County, the kitchen was filled with party guests when Sarah Cox fell out of a window onto the driveway below, sustaining "catastrophic injuries." She was in a coma for several months, as stated on her family's GoFundMe page.
In December 2023, Cox's family shared an update on their page, stating that she remains the "same sweet and cherished presence in our lives" as she always has.
Sarah is currently receiving intensive and specialized therapies at the Pediatric Rehab, which they hope will speed up her recovery. The days and nights blend together as they care for their precious daughter.
The plaintiffs are alleging that 30 people were present in the house during the party when Cox fell, and they are accusing property manager Marcia Ramos and Ramos Properties of negligence and failing to warn tenants about the low windows that could easily cause someone to fall out.
The lawsuit claims that Ramos was responsible for ensuring the safety of the property and "failed to prevent tenants from allowing more people than the apartments could safely accommodate at one time." Additionally, the lawsuit alleges that Ramos should have anticipated unsafe crowding and alcohol consumption in the building, which was primarily used by college students.
READ THE COMPLAINT:
The lawsuit claims that Ms. Ramos was responsible for managing the property and ensuring its safety for lawful residents by properly installing window screens on low windows to prevent falls.
The sorority and its president were accused of negligence and failure to warn by the plaintiffs.
"The complaint alleges that POAEP had a duty to ensure that those lawfully within the apartment during sorority-related activities were not exposed to any dangerous uses and conditions caused by sorority members. However, the complaint claims that POAEP failed to adequately warn its members who host sorority events in their apartments of the dangers and the foreseeable likelihood of injuries to those in attendance when they are impaired by alcohol and the hosts allow more people in the apartment than can safely accommodate at one time."
The sorority defendants in the lawsuit have filed motions to dismiss, claiming that the complaint lacks sufficient facts to support any negligence allegations against them.
The defendants contend in a new filing that the plaintiffs' lawsuit does not specify the circumstances surrounding Cox's fall from the window or the reasons behind it.
The plaintiffs' claim in the 170-paragraph complaint against the sorority defendants is that Sarah Cox fell out of a window onto the driveway below. While sympathetic to Cox's alleged 'catastrophic injuries as a result of the fall,' the counts against the sorority defendants do not hold up under the most basic duty-breach-causation-damages analysis, as stated in their motion to dismiss.
The defendants of the sorority also point out that the Coxes' complaint does not accuse Sarah Cox of consuming alcohol, being forced to drink or alcohol being present that night.
"The defendants' filing asserts that plaintiffs have not demonstrated how, why, or what caused Cox to fall, or how any defendant is legally responsible for it. Instead, the plaintiffs have assumed that all defendants must be held liable. The defendants also criticize the plaintiffs' "scattershot pleading style.""
Cox's family states that she will need 24/7 care permanently due to her catastrophic injuries.
Cox's medical bills have exceeded $200,000, and the parents have also experienced emotional distress as the costs for her care will continue to mount for the rest of her life.
Both the plaintiffs' and defendants' attorneys declined comment at this time.
An appointment has been set for Wednesday in Suffolk County Superior Court for the case.
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