Breaking: Family of Northeastern student critically injured in fall from window files lawsuit

The family of a Northeastern University student, Sarah Cox, who fell from a second-floor window at an Alpha Epsilon Phi party last year, has filed a lawsuit against both the university and national chapters of the sorority, alleging several counts of negligence.

Filed in Suffolk Superior Court on March 12 by her parents, Batul Kazim and William Cox, the lawsuit details how Sarah, a third-year health science major, fell from a window at a party hosted by the chapter president on March 31, 2023. Since the incident, she has been in a “catatonic state” and is now in a pediatric nursing home. Her family noted in a GoFundMe that she had aspirations of becoming a doctor and had just returned from her third medical mission trip before the incident.

The suit, which also names the owner and tenant of the Mission Hill apartment as defendants, seeks damages for the emotional and financial impact of the accident. According to court documents, Cox’s medical expenses have already surpassed $ 200,000 and are expected to increase as she continues her care.

The statement of damages emphasizes that Sarah’s injuries are severe, requiring constant one-on-one care, and that both she and her family will endure ongoing emotional distress and financial strain due to her long-term care needs.

Cox’s family claims that the sorority and other defendants either knew or should have been aware that the presence of alcohol, expected overcrowding at sorority events, and the low positioning of the apartment windows created a safety hazard. The lawsuit asserts that the sorority, its former president Margaret Scales, and the property manager were negligent by allowing overcrowding and excessive drinking during a party in an apartment with unsecured windows.

The attorneys for the Northeastern and national chapters of the sorority, as well as Scales, did not respond to emails and calls for comment. The current president of the sorority, Amanda Bukunt, and Northeastern’s Panhellenic Council also did not reply to inquiries.

The incident took place at 2 Judge St. in Boston’s Mission Hill, a property owned by Ramos Properties II and managed by Marcia Ramos, both named as defendants in the lawsuit. The complaint states that the location was regularly used as the sorority house and that Scales used it for personal and sorority events. On the day of the incident, Scales hosted a party in anticipation of a formal sorority event later that night.

According to the complaint, Cox, who was a member of the sorority, was in the second-floor kitchen with friends between 6 p.m. and 6:30 p.m. when she fell out of the window, dropping over 20 feet to the driveway below. The lawsuit claims that over 30 people were present in the house at the time of the fall.

The suit argues that Alpha Epsilon Phi had a duty to ensure the safety of its members during events and failed to warn Cox and others about the dangers they faced.

Similar allegations are made against Scales and Ramos, with claims that both were aware the low window posed a risk of someone falling out, especially in an overcrowded setting. The plaintiffs also assert that Ramos did not properly secure the window screens and failed to implement safety measures to prevent someone from falling through such low windows.

In later court filings, all defendants denied the claims against them. Ramos and Ramos Properties II filed crossclaims, asserting that any fault should be attributed to Scales or Alpha Epsilon Phi.

On July 1, the national and university chapters of Alpha Epsilon Phi, along with Scales, submitted a motion to dismiss the lawsuit, arguing that the complaint lacked sufficient evidence linking their negligence to Cox’s fall.

The motion states that, while the situation surrounding Cox’s injuries is tragic, the claims against the sorority do not hold up under basic legal analysis of duty, breach, causation, and damages. The memo further points out that the plaintiffs have not provided evidence that the sorority supplied alcohol at the party, whether alcohol was present, if Cox consumed alcohol, or if any sorority members were responsible for Cox’s fall or the window’s maintenance.

Eveland stated that the plaintiffs only claim that all defendants bear some responsibility for the various alleged behaviors without specifying what actually caused Cox’s fall. He noted that a police investigation into the incident did not result in any criminal charges.

In a response to the motion to dismiss, James Kelly, the attorney representing Cox’s family, explained that they are unable to determine how Cox fell from the window because she cannot communicate. He also mentioned that none of the attendees at the party, including Cox’s closest friends, have provided any details about the incident, despite her parents’ efforts to gather information.

The motion acknowledges that key details—such as whether Cox tripped, lost her balance, slipped, was pushed, sat on the windowpane, or was under the influence—are missing. It proposes that overcrowding and drinking likely contributed to the situation, suggesting that as the crowd moved and swayed in the small kitchen, Sarah may have been unintentionally pushed against the window, leading to her fall.

Kelly’s response further asserts that the police investigation focused on potential criminality rather than negligence, making that aspect irrelevant to the case.

He added that uncovering the facts requires issuing subpoenas and discovery requests to those who have pertinent information. If the lawsuit reaches the discovery stage, Alpha Epsilon Phi will need to reveal its safety protocols.

Kelly noted that other sororities at Northeastern have implemented safety measures, implying that the defendants will either need to share their protocols or admit that they do not have any in place, which seems to be the norm among similar organizations. The full scope of their failures will only become clear through the discovery process.