Tobin wrongful death lawsuit goes to trial

A lawsuit against the University involving the death of Penn alumnus Michael Tobin is going to trial.

Tobin, a 1994 College graduate, fell to his death behind his old fraternity, Phi Gamma Delta, in the early morning hours of March 21, 1999.

Two years later, Jon Tobin -- Michael's father and the executor of his estate -- filed a wrongful death suit against Penn as well as Phi Gamma Delta, commonly known as FIJI, and Trammel Crow, the company that managed University facilities at the time.

The Tobins' attorneys will begin selecting a jury today and make opening statements on Monday. The trial is estimated to last about two weeks.

The family is suing for $5 million in damages due to the condition of the area behind the former FIJI house at 3619 Locust Walk -- called "The Pit" by FIJI members -- which allegedly had debris on the stairwell, offered no exterior lighting and broke state codes with regards to its stair treads and handrails.

"A sober person would've fallen down those stairs," said Patricia Pierce, the Tobins' attorney. "Several people in fact did fall down those stairs before Mike Tobin died."

She added that she believes Penn made a "conscious economic decision" to not repair the FIJI house, and that while no money can replace Tobin, it is important to hold Penn responsible.

"We've got a university that charges $150,000 to go to its school," Pierce said. "Is it too much to ask that they provide decent housing for the students who are there?"

The Tobins are claiming that following FIJI's annual Pig Dinner and a game of beer pong, 26-year-old Tobin exited the back door and fell down the stairs -- however, the University argues that it is not liable.

"Michael Tobin's death was a tragedy and we feel deep sympathy," University spokeswoman Phyllis Holtzman said. "The University is in no way responsible for his death."

University counsel is claiming that it is possible Tobin fell off the adjacent balcony -- where it said FIJI brothers habitually urinated. However, in 1999, then-Vice President for Public Safety Tom Seamon said after police investigations into the incident that Tobin fell down the stairs.

FIJI's Penn chapter was suspended and eventually disbanded following Tobin's death. Yet, officials from the Office of Fraternity and Sorority Affairs recently said that it is possible for the fraternity -- four chapters of which experienced nine deaths in seven years before Michael's fall -- will return to campus next year.

Tobin's parents said they believe the fault lies more with Penn than the fraternity.

"When I first saw the site... I stated... that it was not a fraternity issue. It was not an alcohol issue," Jon Tobin said, noting that he thought it was instead a case in which the University neglected to properly maintain its buildings.

Alcohol, however, became a prominent issue at the time, as University President Judith Rodin temporarily banned alcohol at all undergraduate events in 1999 and subsequently reworked the University's alcohol policy without consulting the student body -- a move that incited campus protest.

But it is her connection with facility maintenance policies that may allow Rodin to be deposed by Tobins' attorneys.

"We are seeking to bring her in," said Steven Collier, an attorney for the Tobins, claiming that Rodin made decisions regarding facility repairs.

Common Pleas Court Judge Paul Panepinto will soon decide whether or not her testimony is relevant or necessary.

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