203697P.pdf   04/05/2022  Teresa Spagna  v.  Collin Gill
   U.S. Court of Appeals Case No:  20-3697
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Erickson, Author, with Benton and Kelly, Circuit Judges] 
   Civil case - Torts. In action alleging the negligence of the National 
   Fraternity of Phi Kappa Psi and its Creighton chapter and members caused 
   plaintiff's injuries by forcing a pledge to drink to the point of 
   incapacity, in which state he attacked plaintiff with a knife, even if the 
   court accepts that defendants collectively owed a duty to plaintiff and 
   breached it, her amended complaint fails to adequately allege under 
   Nebraska law that her injuries were foreseeable results of defendants' 
   alleged breach and that the pledge's assault was not an efficient 
   intervening cause; with respect to vicarious liability, plaintiff failed 
   to plausibly allege the supposed agents in this case were negligent under 
   Nebraska law; plaintiff's alter ego liability claim fails for the same 
   reason; plaintiff could not state a claim under Nebraska's Minor Alcoholic 
   Liquor Liability Act because the Act only covers the negligence of the 
   minor and here the pledge pleaded guilty to a criminal act which could 
   only be committed intentionally or knowingly.