Student commits suicide: Negligent failure to intervene: Wrongful death: Settlement

Law Reporter, Mar 2004

Frentzel v. Ferrum College, U.S. Dist. Ct. W.D. Va., No. 7:02CV00131, July 22, 2003.

Frentzel, 20, was a college student. The college required him to undergo anger management counseling before returning for another semester. Frentzel, distraught after a fight with his girlfriend, threatened to commit suicide and banged his head against a wall. Campus security responded, and the dean of students had Frentzel sign a statement saying he would not harm himself. Frentzel was dien left alone in his dormitory room, where he hanged himself with a belt. Frentzel is survived by his aunt, who had been his guardian.

Frentzel's aunt sued the college, the dean of students, and the resident assistant of Frentzel's dormitory, alleging defendants were negligent in not properly supervising Frentzel and in not taking precautions to keep him from harming himself. Defendants sought to dismiss, but the trial court denied the motion, holding that plaintiff had alleged sufficient facts to support a claim that the school had a special relationship to Frentzel that gave rise to a duty to keep him from harming himself. Schieszler v. Ferrum College, 233 F. Supp. 2d 796 (W.D.Va. 2002).

The parties subsequently settled for a confidential amount. The college also agreed to institute a one-time full scholarship with a value of $85,000 in Frentzel's name and to modify its policies regarding mental health crisis response on campus.

Plaintiff's Counsel

Daniel R. Madock, Chicago, Ill.

Arthur P. Strickland, Roanoke, Va.