1 count dismissed in Cantor lawsuit

By Jeannie Baumann

Daily Staff Reporter

The Washtenaw County Circuit Court dismissed part of George Cantor's lawsuit against the University that claimed it failed to provide reasonably safe housing and adequately warn students of any hazardous conditions in Mary Markley Residence Hall.

Cantor's daughter Courtney died Oct. 16, 1998, after falling through the window of her sixth-floor Markley room.

George Cantor said he was disappointed with the Feb. 23 ruling.

"The University has sent an astonishing message to the students and their parents that they have no legal obligation to keep their residents safe," he said.

The lawsuit claimed that Markley is a public building, thereby obliging the University to warn residents of any unsafe conditions.

But Judge Melinda Morris granted the dismissal on grounds that Cantor signed a lease, making her room a private residence.

University spokeswoman Julie Peterson declined to comment on specific claims in the lawsuit.

"We believe the court made the correct decision under the law. While we are pleased with the court's ruling, we remain sympathetic to the grief of the Cantor family and friends," Peterson said.

Cantor is still pursuing two other claims in the lawsuit, including an alleged breach of contract by the University.

"We feel the University didn't keep its promises," he said. "This is not only for Courtney and my family but for all the students who are going to the University in the future."

The contract specifically refers to Courtney Cantor's lease and the 1998-1999 Community Living at Michigan Handbook, which outlines rules, regulations, policies and judicial practices applicable to anybody who has signed a residence hall lease.

The lawsuit claims that under this contract, the University had an obligation to provide, educate and counsel residents about the dangers of alcohol use.

"As far as we know, Courtney and the members of her class received no materials on the perils of drinking," Cantor said.

"They should have given more information, more instructional manuals," he added.

The lawsuit also claims that University staff knew of underage drinking violations on campus and failed to enforce violations of these University policies as well as Michigan state laws regarding underage drinking.

"There needs to be some sort of regulatory mechanism in place. That is the basis on which the lawsuit is being conducted," Cantor said.

Members of the University Board of Regents, who are named as the defendants in the suit, denied all allegations of a breach of contract.

While the regents acknowledged that the Division of Student Affairs has some responsibility with regard to alcohol and drug use, University attorneys claimed in their response to the lawsuit that administrators and staff already take an active role in discouraging underage drinking and enforcing rules about the use of illegal substances.

Cantor said this part of the lawsuit can have a positive effect on the University community.

"The issue with the window was unique," he said. "Drinking on campus applies to everybody."

While Cantor said he thinks the University is a marvelous institution, he said he hopes the lawsuit will implement a regulatory mechanism for enforcing rules against substance.

"If drinks hadn't been served at that party, then there wouldn't have been any accident," he said. "This is the most far-reaching part of the lawsuit. It has the greatest effect for good."

Cantor also filed a lawsuit in August against Peter Johnston, who built the loft in Courtney Cantor's room.

The lawsuit claims Johnston did not use proper care when designing and construction the lofts and also failed to warn Courtney Cantor about potential dangers of the loft. Johnston's attorney, Judy Moskus, denied the allegations against her client.