Families of 3 JMU students killed in crash file wrongful death lawsuits against fraternity
VENN
HENRICO COUNTY, Va. (WRIC) -- The families of the three James Madison University (JMU) students who were killed in a crash in 2023 have filed wrongful death lawsuits against a fraternity and its president.
According to court records, the three family members -- Howard Mardis, John Fergusson and Jessica Troutman -- are suing the James Madison Univeristy chapter of Pi Beta Chi fraternity and its president, John Marshall, for the wrongful deaths of three students killed in a crash.
The lawsuits were filed in January in Henrico County Circuit Court on behalf of three students -- Joshua Mardis, John "Luke" Fergusson and Nicholas Troutman -- who were killed in a crash in February of 2023.
John "Luke" and Nicholas were from the Richmond area, according to the university.
The crash occurred on Feb. 2, 2023, on Route 259, near the West Virginia/Virginia line after the vehicle the students were in ran off the road and hit a tree.
Five total students attending JMU were in the vehicle. In addition to the three students who died at the scene, two others — the driver and an additional passenger — were flown by med-flight to the hospital in critical condition, according to the Hardy County Sheriff’s Office.
Court records show that the driver, Campbell Ryan Fortune, is facing the following criminal charges in Hardy County Circuit Court:
- Three counts of negligent homicide; death within 1 year as result of injury received by reckless driving
- Reckless driving; penalties (injury)
- Unlawful acts of persons; criminal penalties: Purchasing, consuming, selling, possessing or serving "nonintoxicating beer" while under 21 years old
- Certificate of insurance
- Speed limitations generally (country highway)
According to JMU's website, its chapter of Pi Beta Chi, also referred to as Delta Chi or the Crosskeys Society, lost recognition in fall 2013 due to hazing, specifically because of "forced calisthenics and underage drinking."
