UNH frat brothers, Durham bar deny any responsibility for 2021 death of Vinny Lirosi

DURHAM — A UNH fraternity, fraternity brothers and a local bar deny any wrongdoing in their responses to a wrongful death civil lawsuit filed in Strafford County Superior Court by Robin Lirosi, the mother of a UNH student who died in 2021.

No trial dates have been scheduled and defendant responses to the lengthy lawsuit are primarily comprised of their denying responsibility and/or claiming a lack of knowledge that puts the burden of proof on the Lirosi family.

Vincenzo "Vinny" Lirosi died in December 2021 after what his mom says was a night of heavy drinking at Scorpion's bar in downtown Durham and an intoxicated visit to the Sigma Chi fraternity. The suit alleges it was there that he was beaten and driven into the woods alone without his cell phone. He later died in the woods, drowning in a shallow body of water off of Coe Drive.

Lirosi was 22 when he died in what was ruled by the state's medical examiner as an accidental drowning. He was declared dead on Dec. 5, 2021, after being found submerged in frozen water after he was reported missing. At the time, Durham police said Lirosi's death was not suspicious. No one has been criminally charged in connection with Lirosi's death.

The civil suit names defendants, including Minerva Food and Drink (d/b/a as Scorpion’s Bar and Grill), the Sigma Chi fraternity (local and national) and seven of their fraternity brothers.

Robin Lirosi, a Whitman, Massachusetts resident, alleges her deceased son was served 17 drinks in less than four hours at Scorpion’s, then was invited to a party hosted by the fraternity, where he was assaulted by numerous members who were attempting to remove him from the house. The suit alleges these events occurred in the hours before he went missing on Dec. 4, 2021.

How those sued by the Lirosi family are responding

Minerva Food and Drink (d/b/a as Scorpion’s Bar and Grill) filed a motion asking the court to dismiss the case, denying knowledge that Lirosi was overserved and that they improperly trained employees regarding overserving patrons of the bar.

One of the fraternity members named as a defendant also filed to dismiss based on a technicality, alleging improper service of his notification for the lawsuit.

The motions to dismiss have not yet been addressed by the court.

The lawsuit makes 213 allegations in nine counts, including negligent service and reckless service against Minerva/Scorpion; and negligence breach of voluntary assumed duties against Toomerfs, LLC (landlord of the address where fraternity members stayed) and its owner Peter Murphy for failing to monitor the fraternity.

In their response, Minerva Food and Drink acknowledges that they were investigated by the New Hampshire Liquor Commission (NHLC) as a result of Lirosi's death. However, they denied claims they were aware Lirosi consumed 17 drinks, that their servers free-poured drinks, and that the servers were not properly trained.

According to the lawsuit, the NHLC report confirmed that Lirosi consumed, at minimum, nine alcoholic beverages over four hours.

The lawsuit also names one student and seven then-Sigma Chi fraternity members. Four of the fraternity members were accused of assault and battery and three with negligence.

The student was accused of negligence for failing to monitor Lirosi, who attended his party at Scorpion's, and for allegedly bribing the bouncers at the bar to overlook heavy drinking.

In the answer to the lawsuit, the student denied he had "bribed" bouncers to look the other way and the four accused of assault denied there was a "full-out brawl" later at the frat house with Lirosi.

Lambda Sigma Chi and Peter Murphy of Toomerf's both denied culpability, leaving the burden of proof to Robin Lirosi.

Robin Lirosi is represented by Leah Cole Durst and Anthony Carr of Shaheen and Gordon, who could not be reached for comment.

Minerva Food and Drink is represented by Manchester attorney Gary Burt and fraternity members have retained their own attorneys. Lambda Sigma is represented by attorneys Daniel Granfield and David Johnston. The national chapter does not list an attorney and Toomerf's is represented by attorney Jay Lee.

What the lawsuit says led to Lirosi's death

The suit alleges Lirosi began the evening of Dec. 3, 2021, by meeting with six of his friends for a party hosted by a student at Scorpion’s Bar and Grill.

Between 8:49 p.m. on Dec. 3 and 12:32 a.m. on Dec. 4, the suit alleges, Lirosi purchased the following drinks at the bar: four Corona beers, five “house rums,” three green tea shots, a draft India Pale Ale beer, three “house vodkas,” and one “house whiskey.”

Lirosi was allegedly last seen at the bar at 12:40 a.m. on Dec. 4, 2021, and was invited to the Sigma Chi fraternity’s house by the student who hosted the party at Scorpions. There, the “visibly intoxicated” Lirosi appeared to be unbuckling his pants to urinate in the fraternity’s kitchen, and several fraternity brothers approached him to remove him, the suit states.

“Lirosi, still significantly impaired mere minutes after his arrival at the house he was invited to, was now surrounded by Sigma Chi brothers who were attempting to forcefully remove him, while assaulting him in the process,” the suit says.

More: Mother's lawsuit: UNH student who died after going missing was served 17 drinks

Lirosi struck one of the brothers, which then led to four of the brothers punching and kicking him, the suit states, alleging Liropsi was dragged outside to the parking lot.

“Lirosi was forced to stumble into the woods, visibly intoxicated, battered, and dazed from repeated blows to his head and body without a phone, and no person from Sigma Chi took any steps to ensure his safety,” the lawsuit claims.

The lawsuit states that Lirosi's autopsy revealed he "sustained the following injuries: a laceration of the lower lip and abrasion of the upper lip; a subscalpular hemorrhage; three red abrasions on his torso; and contusions and abrasions on his arms, hands, legs, knees, and ankles." According to the lawsuit, his blood alcohol concentration was measured at 0.215%, which is significantly above the standard legal threshold of 0.08% for drivers over 21 years of age.

Shortly after his death, Sigma Chi released a statement stating that Lirosi “gained access to the event without permission, became unruly, and disturbed other attendees. Mr. Lirosi left the event shortly after his arrival and was last seen walking away from the event under his own power."

Reporter Ian Lenahan contributed to this story.

This article originally appeared on Fosters Daily Democrat: UNH frat, Durham bar deny culpability in 2021 death of Vinny Lirosi