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Tuesday
Nov032009

Jury awards $16.57M in suit over water-drinking death. The family's attorney Roger Dreyer talks with LBN.

(Sacramento Business Journal) A jury has awarded $16.57 million to the plaintiffs in a wrongful death lawsuit filed on behalf of a Rancho Cordova mother of three who died after a water-drinking contest sponsored by local radio station The End (KDND 107.9 FM).

Sacramento attorney Roger Dreyer of Dreyer, Babich, Buccola & Callaham LLC filed the suit on behalf of Strange’s husband, William Strange, their two children, and Ronald Sims, the father and guardian and Strange’s oldest child.

The family of Strange, who was 28 when she died, sued Philadelphia-based Entercom Communications Corp. and its subsidiary Entercom Sacramento LLC. Entercom owns and operates KDND 107.9 The End. The lawsuit named eight employees of Entercom as defendants, including “managing agents” John Geary, Steve Weed, Robin Pechota and Liz Dial, and “the talent,” Adam Cox, Steve Maney, Patricia Sweet and Matt Carter.

The jury found that neither Strange, nor Entercom Communications, had any fault in her death. They assigned 100 percent of the fault to Entercom Sacramento.

Defense attorneys had argued that if there was any liability on the part of Entercom defendants it was the result of Strange’s own “contributory negligence.” Ginger Sylvester, a spokeswoman for Sacramento Superior Court who was present for the verdict, said the jury did not find any “contributory negligence” on Strange's part.

Strange died Jan. 12, 2007 at her home following a contest in which participants drank as much water as possible in a three-hour period without going to the bathroom. The winner received a Nintendo Wii video game system. The contest was promoted as “Hold your Wee for a Wii.”

The suit stated Strange never signed a release of liability contractually relieving any defendants of their care of duty in organizing and running the contest.

The suit alleged the defendants failed to conduct an investigation to determine the health risks of the contest and failed to have medical professional present during the contest. Their negligence, the suit alleges, caused Strange’s death.

The suit sought a judgment against the defendants for punitive and other damages, and all funeral and burial expenses.

Economic damages awarded to the plaintiffs totaled $1.5 million, while non-economic damages totaled $15.1 million.

 

 

 

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