$16 million for radio death

WHEC-TV News

10/30/2009 10:58 AM

http://www.whec.com/article/Pstories/S1223216.shtml



A California jury has awarded more than $16 million to the family of a 
young mother who died after drinking a large amount of water during a 
radio contest.
 
However, the station's parent company, Entercom Communications 
Corporation of Boston, was found not to be negligent in Jennifer 
Strange's death.

The jury also determined Strange was not negligent in her own death.

The jury, which delivered the split verdict after nine days of 
deliberation, awarded a total of $16,577,118.

Widower Billy Strange sued local radio station 107.9 The End and parent 
company Entercom Communications Corporation in connection with the 
station's 2007 "Hold Your Wee for a Wii" contest.

His wife died of apparent water intoxication after drinking more than a 
dozen bottles of water over a three-hour period in an attempt to win a 
video game system.

"I'm very thankful and appreciative that the jurors took their time and 
that they held the appropriate people accountable," Strange said after 
hearing the verdict Thursday.

Jennifer Strange's family members hugged each other in court after the 
verdict was read.

Billy Strange earlier testified about the devastating impact his wife's 
death has had on him emotionally.

===================

Here is how the event was described in Wikipedia:

http://en.wikipedia.org/wiki/KDND


    Hold Your Wee for a Wii Controversy


      Death of a contestant in KDND radio contest

On January 12, 2007, a listener named Jennifer Strange, 28, died of 
water intoxication <http://en.wikipedia.org/wiki/Water_intoxication> 
hours after taking part in the "Hold Your Wee for a Wii" contest in 
which KDND promised a Wii <http://en.wikipedia.org/wiki/Wii> video game 
system for the winner. At the time, the Nintendo 
<http://en.wikipedia.org/wiki/Nintendo> console was very popular and 
sought-after but also near impossible to find in North America 
<http://en.wikipedia.org/wiki/North_America>.^[2] 
<http://en.wikipedia.org/wiki/KDND#cite_note-1> ^[3] 
<http://en.wikipedia.org/wiki/KDND#cite_note-2> In the competition, 
contestants were asked to drink as much water as they could without 
urinating <http://en.wikipedia.org/wiki/Urination>. The contestant able 
to hold the most water would be named the winner.

According to contest participants, 17 to 20 contestants took part in the 
competition in a room at KDND's studios. The contest broadcast during 
the station's "Morning Rave" program began around 6:15 a.m. as 
contestants were each handed 8 oz water bottles to drink at 15 minute 
intervals. Contestants also said that as the contest progressed, they 
were given increasingly larger quantities of water to drink. Some later 
remarked on the physical discomfort they suffered during and following 
the event.

The Sacramento Bee <http://en.wikipedia.org/wiki/Sacramento_Bee> 
newspaper has released audio clips from the morning show on their 
website.^[4] <http://en.wikipedia.org/wiki/KDND#cite_note-3> These clips 
indicate that the DJs of the show were aware of the death of Matthew 
Carrington <http://en.wikipedia.org/wiki/Matt%27s_Law> by water 
intoxication <http://en.wikipedia.org/wiki/Water_intoxication>. At one 
point, a caller who was a co-worker of Nurse Practitioner 
<http://en.wikipedia.org/wiki/Nurse_Practitioner> Judy Linder called the 
station and informed the DJs that the contest could be dangerous and 
that someone could die.^[5] 
<http://en.wikipedia.org/wiki/KDND#cite_note-4> The DJs responded by 
saying "we're aware of that," and joked that the contestants had signed 
releases and couldn't file a lawsuit. However, according to a 
contestant, the waivers addressed only publicity issues and made no 
mention of health or safety concerns. The DJs also joked about Strange's 
distended belly, joking that she looked three months pregnant.^[6] 
<http://en.wikipedia.org/wiki/KDND#cite_note-5>

After the contest, Strange spoke to a co-worker by telephone, indicating 
she was on her way home and in extreme pain, suffering from what 
appeared to be an intense headache 
<http://en.wikipedia.org/wiki/Headache>. The co-worker contacted 
Strange's mother, who went to her home an hour later to find her 
daughter dead.^[7] <http://en.wikipedia.org/wiki/KDND#cite_note-6> ^[8] 
<http://en.wikipedia.org/wiki/KDND#cite_note-7> ^[9] 
<http://en.wikipedia.org/wiki/KDND#cite_note-8>


      Aftermath

On January 15, 2007, the front page of KDND's website was replaced with 
a message from John Geary, KDND's vice-president and general manager, 
expressing sympathies to Strange's family and announcing that the 
Morning Rave program would be taken off the air indefinitely. On January 
16, 2007, Geary dismissed 10 station employees (including the 3 morning 
DJs <http://en.wikipedia.org/wiki/Disc_jockeys>, Lukas Cox, Steve Maney 
and Patricia Sweet), from their positions in connection with the 
tragedy^[10] <http://en.wikipedia.org/wiki/KDND#cite_note-9> and 
canceled the Morning Rave. In consequence, all references to the Morning 
Rave program and associated DJs have been removed from the KDND 
website.^[11] <http://en.wikipedia.org/wiki/KDND#cite_note-10>

The Associated Press <http://en.wikipedia.org/wiki/Associated_Press> 
reported that the Sacramento County Sheriff's Department 
<http://en.wikipedia.org/wiki/Sacramento_County_Sheriff%27s_Department> 
spokesman said no officers were investigating the death, and that "It 
was a contest and people are saying there was no coercion." ^[12] 
<http://en.wikipedia.org/wiki/KDND#cite_note-11> However, Deborah 
Hoffman of KXTV <http://en.wikipedia.org/wiki/KXTV> television reported 
that former Federal Prosecutor Bill Portanova commented that, "on the 
face of it, the radio station has some serious liability exposure", due 
in part to widespread news coverage of the 2005 Matthew Carrington 
<http://en.wikipedia.org/wiki/Matt%27s_Law> death. On January 17, 2007, 
the Sacramento Bee <http://en.wikipedia.org/wiki/Sacramento_Bee> 
reported that "Sacramento Sheriff John McGinness, alarmed by audio 
recordings obtained by The Bee of the radio show contest that may have 
led to the death of 28-year-old Jennifer Lea Strange, has directed 
homicide detectives to look into whether a crime was committed during 
the water-drinking contest sponsored by the 'Morning Rave' show on The 
End radio station."^[13] 
<http://en.wikipedia.org/wiki/KDND#cite_note-12> However, on April 2, 
2007 the Sacramento county District Attorney's office officially 
declined to press criminal charges, citing a "lack of evidence of 
criminal misconduct." ^[14] 
<http://en.wikipedia.org/wiki/KDND#cite_note-13>

On January 18, 2007, a wrongful death 
<http://en.wikipedia.org/wiki/Wrongful_death> civil lawsuit 
<http://en.wikipedia.org/wiki/Civil_lawsuit> was announced on behalf of 
Jennifer Strange's husband and three children against Entercom 
Sacramento (the corporation that operates KDND) and Entercom 
Communications (the corporate parent). The Stranges were represented by 
prominent Sacramento attorney Roger A. Dreyer of the firm of Dreyer, 
Babich, Buccola & Callaham, LLP.^[15] 
<http://en.wikipedia.org/wiki/KDND#cite_note-14> The civil lawsuit was 
expected to go to trial August 31, 2009.^[16] 
<http://en.wikipedia.org/wiki/KDND#cite_note-15>

The family of Jennifer Strange urged the FCC 
<http://en.wikipedia.org/wiki/FCC> to shut down the station and punish 
the parent company Entercom <http://en.wikipedia.org/wiki/Entercom>. On 
January 24, 2007, the FCC announced that they will investigate the 
station to see if it violated the terms of its license.^[17] 
<http://en.wikipedia.org/wiki/KDND#cite_note-16>

On September 14, 2009, jury selection 
<http://en.wikipedia.org/wiki/Jury_selection> in the wrongful death case 
finally began at the Sacramento County Superior Court 
<http://en.wikipedia.org/wiki/Sacramento_County_Superior_Court>'s main 
courthouse in the city of Sacramento. Over the next month, the jury 
heard testimony from over 41 witnesses and 192 exhibits were entered 
into evidence.

On October 29, 2009, after a week of deliberations, the jury awarded the 
survivors of Jennifer Strange the sum of $16,577,118 in monetary 
damages.^[18] <http://en.wikipedia.org/wiki/KDND#cite_note-17> They 
unanimously found Entercom Sacramento LLC to be 100% at fault and 
Entercom Communications Corp. to be 0% at fault. They also found by a 
10-2 vote that Jennifer Strange was 0% at fault (that is, there was no 
contributory negligence 
<http://en.wikipedia.org/wiki/Contributory_negligence>) for her own 
death. Dreyer was lead counsel for the plaintiffs at trial, while lead 
counsel for defendants was Donald W. Carlson of Carlson Calladine & 
Peterson LLP.



-- 
================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204 
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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