Yost v. Wabash College

Yost (plaintiff), a fraternity pledge at Wabash College's local Phi Kappa Psi chapter, was injured in a hazing incident during pledging under the mentorship of his assigned 'pledge father.' He sued Wabash College, the local chapter, and the national fraternity (defendants), even though both the college and the national organization prohibited hazing. All three defendants won summary judgment in the trial court, affirmed by the court of appeals.

Whether, to establish vicarious liability based on an agency relationship, a plaintiff must show that the principal manifested assent that the agent would act on the principal's behalf and subject to its control, and that the agent manifested assent to so act.