Motion filed in response to lawsuit in Clemson student's death - FOX Carolina 21

Motion filed in response to lawsuit in Clemson student's death

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Tucker Hipps (File) Tucker Hipps (File)
CLEMSON, SC (FOX Carolina) -

A new motion has been filed in response to the wrongful death lawsuit by the parents of Tucker Hipps.

The Clemson University student died during an early morning run last year with his fraternity and his body was found under the Highway 93 bridge near the campus. Hipps’ family believes Clemson University, the Sigma Phi Epsilon Fraternity and three of its members played a role in his death.

Attorneys for one fraternity member, Sam Carney, has asked for the case to be dismissed, arguing that Hipps’ death was a tragic accident and that parts of the Hipps family’s lawsuit are not legally valid.

Specifically, the motion calls into question lawsuit's claim of "loss of filial services." Carney said legal precedent in the state has only allowed parents to sue for loss of services or earning capacity of a minor child, not an adult child. Hipps was 19 at the time of his death.

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