Mother of Rutgers student killed by train after frat party sues school, fraternity

BRIDGEWATER, N.J. – The mother of a Rutgers University student who was struck and killed by an Amtrak train after becoming intoxicated at a fraternity party has filed a wrongful death lawsuit against the university, its police department and the fraternity.

Claudia Patterson, mother of Kenneth Patterson, a freshman who attended a Christmas party at Theta Delta Chi on Dec. 9, 2017, before he was killed by the train, filed the suit Dec. 6 in Middlesex County Superior Court.

“We cannot comment on pending litigation," university spokesman Neil Buccino said. “The university was deeply saddened by the death of Kenneth Patterson and offered our condolences to his family and counseling services to our students affected by this tragic loss. The university actively cooperated with the Amtrak Police Department in its investigation into his death."

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Rutgers and the fraternity have not filed official responses to the suit in court.

A member of the Rutgers Club Lacrosse team, Patterson was invited to TDXmas, a party at the Huntington Street fraternity, which, the lawsuit says, “was on a cease and desist order and was prohibited from sponsoring and/or hosting any fraternity-related events.”

The suit does not say why the fraternity was subject to the disciplinary action.

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The suit says the university and its police department “knew or should have known about the unsanctioned fraternity event and service on intoxicating alcohol to underage persons, and otherwise negligently, carelessly and recklessly failed to implement and/or enforce proper and effective policies and procedures regarding security, public safety, supervision of events and activities on … the university campus.”

The suit also says the fraternity “negligently, carelessly and recklessly served intoxicating alcohol to … a minor under the legal age for consumption of alcohol to the point of intoxication."

Patterson had gotten lost after the party while trying to find his dorm, based on text messages with friends and their previously reported comments. He was struck and killed by the train near the Jersey Avenue station in New Brunswick, more than 2 miles from campus. The fraternity was only a half-mile from his dorm.

It was a “ridiculously far walk” from their campus dorm, said Troy Sweeney, a friend and classmate who was on the phone with Patterson moments before his death, trying to help him find his way back home.

According to a New Brunswick police report, a conductor on the Amtrak train, Shawn Savage, 45, told police he saw Patterson “crossing over the tracks. He then tripped on one of the tracks causing him to fall.”

Both Patterson and her attorney, Joseph T. Delgado, declined to comment on the case. But nearly a year ago, the mother told NorthJersey.com, “We need answers.” And last Mother's Day, she posted a video pleading for information about her son's death and disputing claims of suicide.

Theta Delta Chi is the 11th-oldest fraternity in the country. The central fraternity office did not respond to a request for comment.

Reach reporter Bob Makin via email at bmakin@gannettnj.com

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This article originally appeared on Bridgewater Courier News: Mother of Rutgers student killed by Amtrak train after frat party sues