A West Virginia judge dismissed Marshall University from a suit filed by a student who was injured at a frat party when another boy attempted to shoot bottle rockets from his anus.
Louis Helmburg III, who played on the Marshall U baseball team, attended an Alpha Tau Omega party in Huntingon on May 1, 2011, according to a report from the West Virginia Record.
He claims Travis Hughes, who also attended the party, was intoxicated and attempted to “shoot bottle rockets out of his anus on the ATO deck.”
Helmburg was startled by the explosion, and leaping backwards he fell off the fraternity house’s deck. He claims there was no railing on the deck at the time. He says he was injured when he became lodged between the deck and an air conditioning unit.
Helmburg later sued Marshall U, the fraternity, and Hughes. But he failed to follow protocal in filing suit against the school. There is a West Virginia Code that requires a notice of the claim and the relief sought be sent in writing to the school via certified mail at least 30 days in advance of the filing. Because Helmburg failed to do so, Marshall U was dismissed from the suit.
Helmburg still seeks damages from ATO and Hughes. The claim alleged that the fraternity was negligent for not having a railing on its deck and that Hughes was at fault for being intoxicated.