A Missouri judge on Friday removed a Kansas University fraternity’s housing corporation and its national organization from a lawsuit involving the injury of a Phi Gamma Delta pledge at a 2010 party.

Jackson County Circuit Court Judge Brian Wimes ruled on a motion the defendants filed and found that his Missouri court did not have jurisdiction in the civil suit, primarily because the fraternity chapter’s “principal place of business is in Kansas.”

The suit was filed in Jackson County in December on behalf of Matt Fritzie, who was a freshman pledge from Stilwell. The suit alleged Fritzie was permanently paralyzed after he dove into a makeshift pool Sept. 17 at the “Fiji Island” party at the fraternity house, 1540 La.

Fritzie’s attorneys claim in the suit that Fritzie was ordered to dive into the pool at the party and that at least one member of the fraternity’s national headquarters and members of the chapter house association visited the house before the party during a three-week period when pledges were forced to construct the makeshift pool.

According to motions filed in the case, plaintiff’s attorneys argued the case could proceed in Missouri because David R. Smith, a trustee and housing corporation member, had sent letters, emails and made phone calls from his office in Kansas City, Mo., to parents of new pledges who had voiced concerns about past conduct and “unacceptable practices” at the fraternity.

The plaintiffs alleged Smith had written to parents of new pledges promising that advisers would do “everything in their power” to supervise the fraternity and “enact sweeping changes” to protect the pledges.

“(Fritzie’s) parents relied upon these assurances in allowing (Fritzie) to join the fraternity and move into the fraternity house,” the plaintiff’s attorneys wrote in a response motion.

But Wimes ruled the plaintiffs alleged the fraternity failed in Kansas, not Missouri, to fulfill those promises and that Fritzie’s injuries occurred in Kansas.

“Those communications involved promises and/or assurances about services defendants would render in Kansas,” the judge wrote.

As part of his ruling, Wimes denied a separate motion from the attorney representing Smith as an individual defendant in the case. The attorney argued the judge had proper jurisdiction in Missouri but that Douglas County would be a more appropriate forum.

Court personnel said based on Friday’s ruling Smith was listed as the lone a defendant in the Jackson County lawsuit.

Attorneys representing Fritzie could not be reached Friday to ask about any potential plans to re-file the suit in Douglas County. Attorneys for Smith, the housing corporation and the national organization also could not be reached for comment. A trial was originally scheduled for July 2012.

Fritzie was transferred from KU Hospital in Kansas City, Kan., to Craig Hospital in Denver for further treatment and rehabilitation after the accident. KU also placed the fraternity on a two-year probationary period after finding the chapter violated KU’s Code of Student Rights of Responsibilities for hazing, although KU officials said they were not able to substantiate the hazing at the party resulted in physical injuries.