The lawsuit alleged that responding officers found a mass of pancake paste “like concrete” in Nelson’s airway.
This is not the first tragedy for the Nelson family. Caitlin’s dad was a Port Authority officer who died in the September 11th attacks.
The eating contest was part of the school’s Greek Week activities and Nelson’s sorority was participating to raise money for a children’s charity. The complaint notes that the school did not actively monitor to prevent “chipmunking” where contestants hold food in their mouths.
Any negligence case could face a threshold question of a waiver, which is standard in eating contests held by businesses. It is not clear if the University insisted on such a waiver in this case. There is also the question of Plaintiff’s conduct. Under Pennsylvania General Assembly Statute §7102, Pennsylvania follows a modified comparative negligence rule where you can recover only if you are less at fault than the defendant. A plaintiff must be found to be less than 51 percent at fault to recover.
Since Nelson was an adult and voluntarily accepted the risk, where would you place the percentage of fault?