the staff of the Ridgewood blog
South Orange NJ, a federal judge has dismissed a lawsuit filed against Seton Hall University by the family of a student who tragically died while in COVID isolation housing in 2021.
The case, brought by Sean McCartney and Donna Dockery, alleged that the university failed to protect their daughter, Kristen McCartney, a sophomore from North Carolina who suffered from epilepsy. The family claimed Seton Hall was negligent in providing proper care and safeguards, especially after moving her to an isolation dorm following a positive COVID test.
Background of the Case
Kristen McCartney died in September 2021, reportedly from a possible grand mal seizure that caused her to bite her tongue and suffocate in her blankets. Her parents argued that, had she been allowed to remain with roommates, someone could have intervened.
In May 2024, the family filed a lawsuit accusing Seton Hall of failing to establish a medical plan for Kristen’s seizure disorder. They also argued that her forced move into isolation housing created unsafe conditions.
This was the second attempt at legal action. The family’s first complaint against Seton Hall and former university president Joseph Nyre was dismissed in January 2024.
Judge’s Ruling
On August 20, 2025, U.S. District Judge Susan Wigenton dismissed the amended complaint, which had claimed breach of contract and breach of implied covenant of good faith and fair dealing.
The judge noted that:
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The relationship between a private university and its students cannot be defined strictly in contract terms.
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There was no valid legal precedent establishing that enrolling a student with a disability creates an implied contract ensuring safety.
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There was no evidence Kristen was unaware she would be isolated or that she lacked the means to contact her parents.
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Safety statements on the university’s website did not amount to a contractual guarantee.
Because no enforceable contract existed, Judge Wigenton ruled that Seton Hall was not legally liable for Kristen’s death.
What’s Next?
The dismissal leaves the family with limited legal options unless they seek to appeal. The case highlights ongoing questions about university liability, student safety, and disability accommodations, particularly in the unique circumstances of COVID isolation protocols.
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