The husband of a Lawrence woman killed five years ago in a drunken-driving accident said he was “stunned” Friday when the Kansas Supreme Court said he couldn’t sue the fraternity that provided alcohol to the driver.

“To me, people are involved in the killing of a person because of their actions,” said James Bland. His wife, Lisa, died in 2000 on Kansas Highway 10 when her car was struck by a drunken teenager who had earlier been drinking at a Phi Gamma Delta event, then at The Wheel.

“I don’t want a judge making decisions,” Bland said. “I just want a jury to decide.”

But Douglas County District Judge Jack A. Murphy had dismissed the lawsuit, noting that Kansas has no “dram shop” statute that makes sellers or providers of alcohol legally liable for injuries or deaths caused by others.

The Kansas Supreme Court agreed unanimously on Friday.

In the court’s opinion, Chief Justice Kay McFarland acknowledged, “The facts herein are tragic. We are very aware that deaths and injuries on our highways caused by intoxicated drivers are a major problem for Kansas and the nation.”

But, she added, “The imposition of liability on vendors and/or providers of intoxicating beverages in favor of injured third parties involves very complex issues of public policy which the Legislature is best equipped to determine and establish.”

Law repealed

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Family seeks to sue KU, fraternity (03-16-04)

Scholarship keeps crash victim’s memory alive (04-07-03)

Lisa Bland, 39, was killed in a collision with Sean Scott on Sept. 16, 2000, on Kansas Highway 10 east of Lawrence. Scott had been drinking at Phi Gamma Delta, then at The Wheel, 507 W. 14th St., and again at the fraternity before getting in his car to drive home to Shawnee.

Law enforcement officials said Scott’s blood-alcohol content was 0.15 percent, nearly twice the legal limit of 0.08 percent.

In August 2001, Scott was sentenced in Johnson County District Court to five years of probation after pleading no contest to charges of involuntary manslaughter.

The Kansas University office overseeing fraternity and sorority programs investigated Phi Gamma Delta’s actions and concluded it was not at fault.

Kansas had a “dram shop” law from 1881 until 1949, when it prohibited the sale of intoxicating drinks. After voters amended the state constitution to repeal prohibition, the Legislature repealed the dram shop law.

Attempts to enact a new law have failed since then. The chief justice noted in the court’s opinion that last year a bill would have created liability for a business if there were injuries or deaths caused by alcohol consumed on its premises.

‘Throwing rocks’

KU and fraternity officials were unavailable for comment late Friday. James Bland said he would appeal the case to the federal courts, if possible.

“I suppose we’ll decide next week, when things quiet down,” he said.

Asked if he would lobby for a Kansas “dram shop” law, Bland said he had received little help from organizations that advocate against drunken driving, nor their allies in the Legislature.

“What irritates me, is you always hear people in politics saying something should be done. But you don’t see people stand up and do anything,” Bland said. “I can throw rocks all I want, but I need somebody with some boulders.”