Penn State Student Suing Tau Kappa Epsilon After Sustaining Injuries at Fraternity House

A Penn State student filed a lawsuit against fraternity Tau Kappa Epsilon and two other students after she sustained injuries at the fraternity’s State College house in 2017.

Victoria Bushman alleges that on March 26, 2017, she was knocked over by the two students — Adam Warburton and Patrick Mullery — who were wrestling in the hallway of the house. The two fell onto her and Bushman suffered “serious and permanent” injuries to her right wrist and arm, according to the complaint. The injuries required “extensive surgery.”

The lawsuit says that Bushman was an unwilling participant in the encounter and did not encourage the two to wrestle.

Warburton and Mullery, who were under 21 at the time of the incident, were given alcohol by members of the fraternity prior to the incident, according to the complaint.

The fraternity’s house was closed the following school year by the chapter’s house corporation for a number of “ongoing problems” — including police visits to the property, violations of State College Borough ordinances, and IFC and university sanctions.

Bushman is seeking $50,000 in damages from the two defendants, as well as $50,000 in damages from the fraternity, for ongoing medical procedures, loss of earnings and earning capacity, and the loss of tuition and room and board from having to withdraw from classes that semester.