COLUMBUS — The parents of Bowling Green State University hazing victim Stone Foltz urged a Franklin County magistrate Thursday to send a “loud and clear message” by ordering $225 million in damages in his death against the fraternity's former chapter president.
Attorney Sean Alto asked Common Pleas Court Magistrate Jennifer Hunt to assess $33.8 million for Mr. Foltz's pain and suffering, $1 million for each ounce of the bottle of bourbon he was ordered to drink just under three years ago.
He also requested $54 million for the family's loss, $1 million for each year his life is estimated to have been cut short, and $137.5 million in punitive damages, $25,000 for every Greek organization across the nation.
The monetary damages would be assessed against Daylen Dunson of Cleveland Heights, who was president of the BGSU Pi Kappa Alpha chapter at the time.
The hearing took place in Dunson's absence. He'd already been judged liable after repeatedly failing to respond to multiple versions of the wrongful death lawsuit. No one was seated at the defense table.
Cory and Shari Foltz, Stone’s parents, described their son, their loss, and what their family went through on the night of the “Big-Little” hazing event that claimed his life and the years that followed.
They took the stand and shed tears despite knowing that they — or the anti-hazing foundation they created in Stone's name — are unlikely to see a dime from any damages the magistrate recommends.
The ultimate amount will be set by Judge Julie Lynch.
They also know that, regardless of what was requested, state law caps the amount of punitive damages in such cases.
"If Daylen Dunson has something worth protecting, something worthwhile, he would have showed up in this case, and he would have defended himself, protected himself like every single other person we sued,” Mr. Alto said. “But he didn't. He's not here."
But the Foltz family hopes a “symbolic,” massive award would generate huge media attention.
“We have to send a message that, if you haze, you will face consequences, not just in criminal court but also in the civil system,” Mr. Alto argued.
Mrs. Foltz dabbed tears on her face as she told the magistrate that she held Stone's hand after all hope was lost “and made a promise to him that I would never let this happen to another family or a student. ... I'm trying to keep that promise to him.”
Next week will mark the third anniversary of the death of Stone, 20, following a fraternity “Big-Little” event at which he was handed a bottle of bourbon that he was expected to empty. He drank it in 23 minutes.
Unable to walk or talk, he was taken home by fellow students and left alone in his apartment, where he was later discovered not to be breathing. He was taken to a hospital, where he died two days later from alcohol poisoning.
His blood alcohol content was measured at 0.39, nearly five times the legal limit.
"Stone Foltz was hazed to death," Mr. Alto said.
This marked the first time that the lawsuit brought by the Foltz estate has seen the inside of a courtroom. All 14 of the other defendants settled for a total to date of $11.4 million, the largest shares of which came from the university, $2.9 million, and the fraternity, $2.1 million.
Dunson, a BGSU communications student, served 21 days in county jail and 28 days of house arrest and is currently on probation after pleading guilty in 2022 to reckless homicide, tampering with evidence, obstructing justice, hazing, and failure to comply with underage alcohol laws in Wood County.
He was one of several students who entered plea deals for their roles.
The prosecution in his criminal case contended Dunson lied to police about the hazing event, instructed others to lie, and deleted related social media posts. He ultimately testified against two of his student co-defendants at trial.
The estate seeks compensatory damages for, among other things, Mr. Foltz's pain and suffering and family members' mental anguish and loss of his company. They also want punitive damages.
"Every day that goes by the memories get less clear, and I don't know why I feel this way," Cory Foltz said. "I just feel that every day that goes by that I'm going to forget about him. And the memory gets so far away."
Part of the settlement money will go to the iamstonefoltz FOUNDATION created by the family to increase awareness around hazing. Mr. and Mrs. Foltz wore blue wristbands bearing the name of the foundation and “Remember STONE” on the outside and “never leave anyone behind” on the inside.
Mrs. Foltz recalled meeting a man who received Stone's donated liver.
“He felt guilty because he was an alcoholic, and here he is taking the liver of our son, who basically died from alcohol poisoning,” she said.
In addition to the university and national and local chapters of the fraternity, the suit named fraternity officers and others involved in the hazing event.
First Published February 29, 2024, 11:23 p.m.
