COLUMBIA — Three years after the death of MU freshman Jack Lipp, his parents reached a settlement of $5 million with the owner and future developers of the property where he fell to his death.
John and Stephanie Lipp of Libertyville, Illinois, sued in the wrongful death of their 19-year-old son, which happened as the result of an accident at a Pi Kappa Phi fraternity rush party at 507 S. Fourth St. on Dec. 13, 2014. He died Christmas Day at University Hospital from head and brain injuries he suffered from the fall, according to previous Missourian reporting.
The settlement was approved last Friday.
The lawsuit was originally filed against Ginger C, LLC, the Pi Kappa Phi Fraternity National Headquarters and the Pi Kappa Phi Fraternity Missouri Beta Epsilon Chapter on Nov. 9, 2015, for negligence in repairing a broken railing. The Lipps sued for $10 million. The fraternity was later dropped as a defendant in the suit.
The lawsuit alleges that Ginger C, LLC, which owned the house, was aware of the insecure railing on the second-floor balcony before Jack Lipp's death. He apparently leaned against it and fell 18 feet onto the concrete driveway.
On or around Sept. 1, 2013, Ginger C, LLC had been contracted to purchase the house on South Fourth Street. American Campus Communities had been contracted to resell and redevelop the property into a 718-bed apartment complex after plans were approved by the City of Columbia.
After plans for the apartment complex were filed with the City of Columbia for approval on Feb. 1, 2014, they were tabled for six months. Due to the delay, Ginger C, LLC told the owner of the house on South Fourth Street to lease the house for the upcoming school year.
On Aug. 12, 2014, three MU students who were members of the Pi Kappa Phi fraternity signed a lease for the property.
On Oct. 22, 2014, Ginger C, LLC completed the real estate purchase to own the home. Inspections had been completed before and after the purchase. At the time, according to the lawsuit, Ginger C, LLC was aware that the wooden balcony on the second floor had been temporarily repaired by the prior owner.
After the repair, which involved bracing the balcony with two-by-fours, the mother of one of the tenants complained to Ginger C, LLC multiple times that it was still unsafe and told the men living there that it was off-limits.
Ginger C, LLC did not schedule repairs because the property, "was scheduled to be demolished within a short amount of time," according to the lawsuit.
On Dec. 12, the tenants hosted a Pi Kappa Phi rush party. Based on statements and photographs collected by the Columbia Police Department, the party continued into the morning of Dec. 13 and was "completely out of control and fostered a scenario of destruction and alcohol abuse."
Lipp arrived at the party at about 1:15 Saturday morning. Sometime in the next hour, he apparently went out onto the balcony to relieve himself because of long lines for the bathroom inside.
Columbia Police photos showed, "copious amounts of liquid" had accumulated on the driveway under the deck, and it's believed people had used the deck as a restroom throughout the night.
After leaning against the railing of the balcony, Lipp fell.
Where the house once stood, an apartment complex is now being built.