Emmette L. Barran, III v. Kappa Alpha Order, Inc.

Jones (defendant, functionally the injured pledge) continued pledging Kappa Alpha (plaintiff, functionally the fraternity being sued) and submitting to physical, mental, and emotional hazing for a full academic year despite admitting in deposition he was free to withdraw at any time, and despite 20 to 40 percent of his own pledge class actually choosing to withdraw; the trial court granted the fraternity summary judgment based on assumption of the risk, but the court of civil appeals reversed, finding peer pressure made his exposure involuntary.