## Facts

- Michael W. Frentzel, a freshman at Ferrum College, died by suicide in his dorm room.
- After prior disciplinary issues, the college required Frentzel to satisfy conditions to continue enrollment, including enrolling in anger-management counseling.
- On February 20, 2000, after an argument with his girlfriend, Frentzel sent her a note stating he intended to hang himself with his belt.
- The resident assistant (Odessa Holley) and campus police responded, gained entry to his locked room, and observed head bruises Frentzel said were self-inflicted.
- The incident was reported to the Dean of Student Affairs (David Newcombe), who required Frentzel to sign a written statement that he would not hurt himself and then left him alone.
- Over the next several days, additional notes indicating distress and possible suicidal intent were communicated to college officials through the girlfriend; the complaint alleged defendants took no reasonable protective measures such as monitoring, contacting family, or obtaining professional help.
- On February 23, 2000, college personnel found Frentzel dead, having hanged himself with his belt.
- The estate’s representative sued Ferrum College, Newcombe, and Holley for wrongful death based on negligence in failing to prevent a foreseeable suicide.

## Issues

1. Whether the pleaded facts plausibly alleged a duty to protect the student from self-harm based on a special relationship, despite the general rule that there is no duty to prevent another’s suicide.
2. Whether the suicide necessarily constituted a superseding cause barring negligence liability at the pleading stage, or whether proximate cause was plausibly alleged.
3. Whether defects in pleading the plaintiff’s capacity as personal representative affected subject-matter jurisdiction and could be cured by amendment.
4. Whether the allegations stated a negligence claim against the resident assistant individually.

## Decision

- The court granted leave to file a second amended complaint to cure capacity-related pleading deficiencies.
- The court denied dismissal for lack of subject-matter jurisdiction in light of the permitted amendment.
- The court denied the Rule 12(b)(6) motion as to Ferrum College and Dean Newcombe, holding the amended allegations plausibly stated a negligence claim.
- The court granted the Rule 12(b)(6) motion as to the resident assistant, dismissing the claim against her for insufficient allegations of an individual duty or undertaking.

## Legal Principles

- Although suicide is generally treated as an act for which third parties owe no duty to prevent, a duty may arise where a special relationship or an undertaking creates an obligation to use reasonable care to protect against a foreseeable risk of self-harm.
- Allegations of specific, repeated warnings of suicidal intent and prior self-inflicted injury may support foreseeability sufficient to plead a duty at the motion-to-dismiss stage.
- Proximate cause is ordinarily a fact question; suicide is not categorically a superseding cause at the pleading stage when the complaint plausibly alleges defendants had notice that suicide was the risk to be guarded against and failed to take reasonable precautions.
- Leave to amend should be allowed to cure pleading defects, including allegations establishing a plaintiff’s capacity to sue on behalf of an estate, where amendment is not futile.
- Individual liability requires allegations supporting that the individual defendant had relevant authority, control, or an undertaking giving rise to a duty; conclusory allegations are insufficient.

## Conclusion

The court permitted a wrongful-death negligence action to proceed against a college and its dean based on allegations that they knew of a student’s imminent suicide risk and undertook limited protective steps, making duty and proximate cause plausible, while dismissing the claim against a resident assistant for lack of adequate duty-based allegations.


Schieszler v. Ferrum Coll., 236 F. Supp. 2d 602 (W.D. Va. 2002)