A former Penn State Kappa Delta Rho fraternity brother has lost his bid to keep his hazing lawsuit against the national organization and the university in Philadelphia County.
The attorney representing James Vivenzio may file the case to be heard in Dauphin or Centre counties, according to the decision ordered by Philadelphia County Court of Common Pleas Judge Arnold L. New. The decision comes as a win for the National Fraternity of Kappa Delta Rho, as well as for Penn State and the others who joined in the motion in the still early stages of their legal battle with the former PSU freshman.
But the decision is not necessarily a loss for attorney Aaron Freiwald, who said the court appeared to rule on the side of compromise by finding “the case doesn’t have to be in Penn State’s backyard.”
“I think, even though it wasn’t said in this way, it seems like Harrisburg was felt to be a middle ground place for this case to be heard. And if that’s what happens, that’s great. That’s not at all a disappointing from our perspective,” Freiwald, of Freiwald Law in Philadelphia, told PennLive on Thursday.