New judge to hear MU’s Phi Gamma Delta fraternity hazing case

COLUMBIA, Mo. (KMIZ)

On Monday, Circuit Judge Jeff Harris approved a defense attorney's application for a new judge in a lawsuit against Phi Gamma Delta fraternity (Fiji) at the University of Missouri and several of its members.

The case was supposed to have a motions hearing on Monday, but the application for the new judge prevented that.

The lawsuit from the family of Danny Santulli claims members of the fraternity made the freshman student drink a bottle of vodka in order to join in Oct. 2021.

Attorney for the family, David Bianchi, handles hazing cases around the United States. He said this is his first experience in Missouri and he's never seen a new judge requested.

"Not too many states that have this particular rule, but the rule essentially says that the defendants collectively get one opportunity to request a new judge if somebody wants," Bianchi said.

Bianchi said in the next few days the case will have a new judge. "Then at that time, we get the same opportunity. We can if we want to get one shot at requesting a new judge," Bianchi said.

The case is also in the process of getting formal, written responses from each defendant. "It was a 52-page lawsuit and they're required to file written responses to the lawsuit which they are now in the process of doing some have already filed them. As soon as that's done, we'll get together with the judge, map out a plan for discovery and go from there," Bianchi said.

Bianchi confirmed Monday that Santulli remains unresponsive.

"This happened on October 19 and here we are at the end of February and he is still the same as he was when he was initially admitted to the hospital. He requires 24-hour, seven-day-a-week care. His parents have essentially moved from their home in Minnesota to his bedside down in Colorado," Bianchi said.

Plus, Bianchi said in his 42 years of hazing experience, this is the worst case he has seen.

"It's the worst hazing injury of any case that I've ever had in many decades of representing hazing victims and it's the worst hazing injury case I've ever heard of anywhere in the United States," Bianchi said.

An attorney representing Ryan Delanty, one of the lawsuit's 23 defendants, motioned for the change in judge. John G. Schultz, the Kansas City-based attorney, did not provide further comment on the reasoning.

Bianchi said Delanty was Santulli's "pledge father," or assigned older member who acts as a mentor to an incoming member.

"Which is significant for purposes of this case because the hazing event that was taking place that night, was the pledge dad reveal night," Bianchi said.

In the tradition, Delanty handed Danny a full bottle of Tito's Vodka that he was pressured to finish before the end of the night.

Just before midnight, Danny collapsed on a couch where no fraternity 'brother' or even his “pledge dad” bothered to check on him. 

 A little while later, a fraternity member found Danny unresponsive, with pale skin and blue lips. Instead of calling 911, someone put Danny in his car and drove him to the hospital.

Hospital staff realized Danny wasn't breathing and was in cardiac arrest; they immediately restarted his heart and admitted him to the ICU. His blood was tested, and he had a BAC of .468—over 5 times the legal limit.

Bianchi said he believes the defendants want to get out of this case as soon as possible.

"There's not enough insurance money here collectively, to properly compensate Danny for what could be 50 or 60 years of 24-hour care," Bianchi said.

Bianchi said the family of Santulli is essentially looking for the same thing in trying to figure out how they will afford their son's medical expenses.

The case is proceeding in Boone County Circuit Court.