Former student seeking justice against ATO

The suit, brought by Robert Davis Jr., alleges the 119 defendants were negligent in providing him with large quantities of alcohol and encouraging him to drink. Davis was under 21 years old at the time.

The suit, filed by Tucson Attorney M. Jay Felix, states that after consuming large amounts of whiskey, Davis went into the bathroom where he lost consciousness and suffered a blow to the head.

Davis fractured his skull and incurred $27,000 in medical bills, Felix said. The injury was serious enough that Davis, a freshman, had to return home to his parents in Missouri "without completing a semester," according to the suit.

Davis has since had a titanium plate implanted in his head, Felix said.

Over 30 attempts to contact parties listed in the suit were unsuccessful. One defendant, Matthew Lightner, said only the current fraternity president could comment on the suit.

Chapter President Griffin Fontanella, who was also listed in the suit, was unavailable for comment.

The last time individual fraternity members were sued was in 1989 when local lawyer Bill Risner brought suit against the pledges and active members of Delta Tau Delta's UA chapter.

In August 1988, Reuben Hernandez was killed by an underage student who was driving home after drinking at a bid-night party at Delta Tau Delta.

Hernandez's three adult children sued about 95 separate parties including the Arizona Board of Regents and both local and national chapters of the fraternity.

Risner said the suit against the national chapter is set for Feb. 20. Other suits have brought about $2.95 million to the family members, he said.

Felix said many "press people" have been in contact with him, including the local media and ABC's syndicated television show "20/20."

He was not willing to comment further on the details of the case.