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GRAHAM - A negligence lawsuit filed in Guilford County by a former Elon University student who was injured after an incident at an off-campus fraternity party two years ago has been transferred to Alamance County.

The complaint, which John Lee Mynhardt filed after he was paralyzed from the neck down after he fell during a confrontation at a party, lists as defendants: Elon University; Lambda Chi Alpha Inc., Delta Pi Chapter of Lambda Chi Alpha; Clinton Joseph Blackburn; and fraternity members John Ferrell Cassady, Charles "Chuck" Kenneth Caldwell, David Williamson Wells, Linwood Brady Long, Brian Thomas McElroy, William Joseph Hartness and Robert Lawrence Olson, aka, Robert S. Olson Jr.

According to the complaint, which a judge opened in Alamance County Superior Court in December, Mynhardt was a full-time student at Elon when he and a female friend attended a party at 211 N. Lee Ave., on Feb. 3, 2007.

Though he had not been invited to the party, which the complaint describes as "an informal fraternity party" for the Delta Pi Chapter of Lambda Chi Alpha, Mynhardt said the party was "ostensibly open." Once inside, he and his female friend went to the bathroom. According to the complaint, Cassady forced the door opened "for the purpose of ejecting (Mynhardt)" to comply with fraternity policy that says uninvited guests are not allowed in fraternity parties.

Mynhardt alleges he was leaving on his own when he was confronted by Cassady. As he faced Cassady, Blackburn allegedly grabbed him from behind and tried to get him out of the house through a side kitchen door.

While Cassady and Blackburn struggled to throw Mynhardt out the door, they either fell or threw Mynhardt on the kitchen floor, the complaint said. As a result, Mynhardt was injured and unable to sit up. Cassady, Blackburn, Caldwell, Long and Hartness then allegedly tried to move him, to no avail. Mynhardt was later taken to the hospital, where doctors determined he had a broken neck. He is currently paralyzed from the neck down.

Cassady and Blackburn were charged with felonious assault inflicting serious bodily injury. In the meantime, Mynhardt is suing all parties involved for negligence.

As far as the students, he said in the complaint that they were negligent for hosting a party without having an adequate safety policy in place. For instance, he said, they should have stopped Blackburn from using force and contacted the police or university personnel instead.

Cassady, Wells and McElroy were renting the house at the time, though Wells was not in the house on the day of the incident.

The complaint also states that when Mynhardt's female friend called the police and asked for the house address, Cassady refused to give it to her.

Moreover, the complaint said that when police officers arrived, Cassady told them that Mynhardt had been attacked by an unknown intruder. Blackburn, Caldwell and Hartness "fled the scene" before police arrived, the complaint said.

Mynhardt also claims that by law, the school and the fraternity, including the Delta Pi chapter, had a duty to control the conduct of the fraternity members. He claims that if they had made reasonable efforts to carry out this duty, his injury would have been prevented.

All the defendants named in the suit have individually denied the accusations made against them in the complaint, saying that there is no legal base for the allegations. They also present a different version of what happened the day of the incident.

They claim that Mynhardt's own negligence caused his injury, since he trespassed in the house when he had not been invited. Furthermore, he was intoxicated and was belligerent and aggressive after being asked to leave several times, they said in their responses to the complaint.

Blackburn said in his response that he restrained Mynhardt only because he was being confrontational toward Cassady. He also said he and Mynhardt fell to the floor because Mynhardt was struggling to free himself.

Elon, in turn, said in its response that while the school has regulations in place for fraternity activities, it had no duty to protect Mynhardt since he created the situation that led to his injury, and therefore should not be held liable for what happened.

Though Mynhardt admitted he was under the influence of alcohol that day, he denies ever confronting anyone at the party. He is asking for a jury trial and for at least $20,000 in compensatory and punitive damages.

The defendants are asking for the complaint to be dismissed. A judge will hear motions on the case on Feb. 9.

Alamance County District Attorney Rob Johnson said his office is waiting for the conclusion of the civil case before proceeding with the criminal charges against Cassady and Blackburn.

Cassady was a junior at Elon at the time of the incident, while Blackburn was a student at UNCG. Only Long and Caldwell remain at the school.