Sperow, Benjamin C vs. Fritz, Kai et al

other calisthenics on a filthy, vomit-soaked fraternity house basement floor; and berated by members of the Chico State fraternity he was pledging (the "fraternity").

3. After a sleepless night, later in the morning of February 24, 2024 , Mr. Sperow went to the university health center as soon as it opened and was sent to the emergency room, where doctors initially diagnosed a possible sprained shoulder and discharged him.

4. The rest of the day Mr. Sperow's pain only increased and spread, and his urine became dark and discolored.

5. The next morning, on February 25, 2023 , unable to lift his arms, Mr. Sperow returned to the emergency room, where he was admitted with elevated liver enzymes, pneumonia caused by aspiration, and traumatic, exertional rhabdomyolysis, a potentially fatal condition if not treated in time.

6. Mr. Sperow remained hospitalized for six nights, enduring tremendous pain and the emotional distress and agony of not knowing whether he would fully recover or be consigned to a life of regular kidney dialysis to prevent his organs from failing.

7. At the hospital, Mr. Sperow regularly had his blood drawn for testing, was given fluids and medicine intravenously, and received daily, painful injections in his stomach as part of his treatment.

8. For several days at the hospital, Mr. Sperow was unable to raise his arms, feed himself, lift a glass to drink, or even brush his teeth.

9. As a result, Mr. Sperow, a strong and normally healthy 19-year-old, had to endure the humiliation and indignity of being fed and cared for by his parents and hospital staff.

10. Following discharge, Mr. Sperow went to his dormitory at Chico State and, because he still had limited use of his arms, sat uselessly in a chair in the middle of the room while his parents packed his belongings.

11. Mr. Sperow went home to recuperate and spent several more weeks in pain and discomfort.

12. Mr. Sperow ultimately withdrew from his Spring 2023 semester classes due to the extended academic absence caused and necessitated by his hospitalization and recuperation.

13. Having enrolled at Chico State with the expectation of making lifelong friends and graduating with a B.A. in Anthropology and a Certificate in Forensic Science, Mr. Sperow ultimately withdrew from Chico State - a decision that was influenced by his fear of being retaliated against by fraternity members if he returned to Chico State's campus - and enrolled in classes at a local community college to make up for the credits he lost.

14. Despite Mr. Sperow's efforts to put himself back on the upward trajectory he had worked hard for, Mr. Sperow continues to struggle with and through the humiliation, anxiety, and emotional distress that resulted from the hazing and other misconduct he was subjected to on February 23-24, 2023 , and his undergraduate transcript is now permanently marred with four withdrawals from Chico State for the Spring 2023 semester.

15. This lawsuit seeks to hold the Defendants responsible for causing Mr. Sperow's physical injuries, pain, mental suffering, emotional distress, medical expenses, lost tuition, and the other damages alleged herein.

16. Plaintiff Benjamin C. Sperow is an adult resident of San Luis Obispo County, California. In the spring of 2023 , including on February 23-24, 2023 , Mr. Sperow was an undergraduate student at Chico State.

17. Defendant Kai Fritz is an adult resident of El Dorado County, California. In the spring of 2023 , including on February 23-24, 2023 , Mr. Fritz was an undergraduate student at Chico State, a member of the fraternity, and a tenant of and residing in the residence located at (the "fraternity house"). In the spring of 2023 , including on February 23- 24, 2023 , Mr. Fritz was serving as the sergeant-at-arms of the fraternity, an elected officer position. As the sergeant-at-arms, Mr. Fritz took an oath to obey the provisions of the fraternity's Constitution, which expressly proscribes hazing, and undertook and expressly agreed to be in charge of developing and implementing safety precautions for fraternity events, including events for the fraternity's Spring 2023 pledges. Despite those oaths, agreements, and undertakings, Mr. Fritz negligently authorized, requested, commanded, participated in, aided and abetted, acted in concert with and gave substantial assistance or encouragement to the other Defendants who participated in,