A lawsuit filed by a man who was attacked by a Morgan State University student who went on to kill and cannibalize another victim will be moving forward, after a motion to dismiss the suit was denied on Monday.
Joshua Ceasar is suing MSU for negligence after Alex Kinyua beat him with a baseball bat. Kinyua later killed and dismembered a man and reportedly ate his heart and part of his brain.
Judge Videtta A. Brown ruled that there was potential for "foreseeability" on the part of the school that "something bad was going to happen," said Steven D. Silverman, Ceasar's attorney.
"Obviously, you can't have foreseeability that there would be a murder involving cannibalism," he said. "But certainly when you look at the totality of the events, the totality of the actions and bizarre behaviors of Kinyua over the six months preceding the attack on Josh, there was foreseeability that something bad was going to happen."
He added: “We are suing the university for its negligence on failing to exercise ordinary care and extract Kinyua from the campus. We’re not suing Kinyua, so we’ve taken it a step further.”
Prior to the incident, Kinyua had wielded a machete on campus and left various satanic rants on social media sites.
"Mr. Kinyua's attack of Plaintiff Ceasar was not the first warning sign to Morgan State that Mr. Kinyua was violent, suffering from severe mental health issues and posed a threat," the lawsuit states. "Despite the warning signs, Morgan State failed to act to protect students and visitors on campus."
Ceasar is permanently injured from the attack, CBS Local reported.
“I’m blind in my left eye right now and the doctors aren’t optimistic that I’m going to get my vision back,” he said.
The lawsuit seeks $75,000 on each of three negligence counts.