Posted on 01/17/2007 7:32:59 PM PST by NormsRevenge
Homicide detectives are investigating the death of a 28-year-old mother of three who died after taking part in a radio station's water-drinking contest.
The Sacramento County Sheriff's Department decided to pursue the investigation Wednesday after listening to a tape of the Jan. 12 morning radio show obtained by The Sacramento Bee, sheriff's spokesman Sgt. Tim Curran said.
On the tape, disc jockeys on KDND-FM's "Morning Rave" show joke about the possible dangers of consuming too much water, at one point even alluding to a Northern California college student who died during a similar hazing stunt in 2005.
During the show, a listener calls in to warn the DJs that the stunt is dangerous and says someone could die.
"Yeah, we're aware of that," one of them says.
Another DJ laughs: "Yeah, they signed releases, so we're not responsible. We're OK."
"And if they get to the point where they have to throw up, then they're going to throw up, and they're out of the contest before they die, so that's good, right?" another one says.
Jennifer Lea Strange was one of about 18 contestants who tried to win a Nintendo Wii gaming console by determining how much water they could drink without going to the bathroom. The show's DJs called the contest "Hold your Wee for a Wii."
"Hey Carter, is anybody dying in there?" a DJ asks during the show. "We got a guy who's just about to die," the other responds, and all the DJs laugh.
"I like that we laugh about that," another says.
"Make sure he signs the release. ... Get the insurance on that, please."
Strange took part in the contest during the morning in the radio station's studio and was found dead that afternoon. The Sacramento County coroner said preliminary autopsy findings indicate she died of water intoxication.
Other contestants said Strange may have ingested up to two gallons of water. Several hours into the contest, Strange was interviewed on the air and complained that her head hurt.
"They keep telling me that it's the water. That it will tell my head to hurt and then it will make me puke," she says.
"Who told you that? The intern?" a DJ asks.
"Yeah," Strange responds. "It hurts, but it makes you feel lightheaded."
"This is what it feels like when you're drowning," one of the DJs says. "There's a lot of water inside you."
Eventually, Strange gave in and decided to accept the second-place prize, tickets to a Justin Timberlake concert. She commented that she looked pregnant, and a female DJ agreed.
"Oh, my gosh, look at that belly. That's full of water," a male DJ said. "Come on over, Jennifer, you OK?" the DJ asks. "You going to pass out right now? Too much water?"
Strange tells the talk show hosts that she could "probably drink more if you guys could pick me up."
On Tuesday, KDND's parent company, Entercom/Sacramento, fired 10 employees connected to the contest, including three morning disc jockeys. The company also took the morning show off the air.
Station spokesman Charles Sipkins said Wednesday that the company had not yet heard from the sheriff's department.
"We will, of course, cooperate with their investigation," Sipkins said.
He added that the station also is examining the circumstances surrounding Strange's death.
"We're trying to do everything we can to deal with it in a respectful and responsible way," he said.
Curran said sheriff's investigators will be interviewing all radio station employees who were involved in the contest and everyone who was working there on the day of the contest. He said the investigation will take several weeks.
Lucy Davidson, who placed first in the radio station contest, told Larry King Live on CNN Wednesday that she was very sick after participating.
"I was barely able to make it home. My head was as big as probably three basketballs. It was very, very painful," Davidson said.
In a prepared statement last weekend, Strange's husband, William, described his wife's generous nature and outgoing personality.
"Friday, Jennifer was just her bright, usual self," he said. "She was trying to win something for her family that she thought we would enjoy."
On Wednesday, attorneys for the Strange family said they planned to file a wrongful death lawsuit against the radio station on behalf of her husband and three children. Details of the suit were to be announced Thursday.
By that reasoning, maybe we should sue Nintendo. If they didn't make the game, and if they didn't name it "Wii", there never would have been a contest.
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Legal minds have already noted that. ;-)
I'm not a lawyer either and I'm sure you are right the rules vary greatly by jurisdiction. But it is clear to me the family has legal standing to successfully sue for wrongful death. They did not sign a liability waiver and no one can sign away their legal rights for them. They experienced a personal loss so they have grounds to recover on that.
This is a very sad story. Because of that a jury will likely award a lot of money, right or wrong. I personally think there's too much money being awarded in civil trials and too many lawyers profiting too much off the misfortune of others.
In Jamaica they have a public tourist attraction where people climb rocks up a waterfall. This would never happen in America for liability reasons. The park has a permanent first aid station and ambulance on standby. I'm sure if you get hurt you're not getting much if any money from anybody. The vast majority of people do not get hurt and have a lot of fun. Should the waterfall be closed to all because some will certainly get hurt? The lawyer-free parts of the world are very different than America. Generally you only find trial lawyers where there are a lot of riches to confiscate.
If you were to fall on the rocks in Jamaica they might give you a pound of Blue Mountain coffee and a Bob Marley cd .. now THAT's valuable ;)
Like most of those commenting, I am not an attorney. And like many I do have a smattering of experince with waivers for numerous things.
One thing I have learned from some hard experience, attorney friends, and contracting friends is that there is no such thing as a perfect boilplate waiver.
Someone brought up the example of auto racing and waivers. The waivers should stand as long as every reasonable action has been taken to avoid unnecessary death or injury. Think medical personnel (doctors, nurses, emts), fire personnel, ambulances, etc. Now imagine a death because you cut back on these basic emergency services due to cost or ignorance. Guess what - that will probably meet the definition of negligence.
BTW an online definitions of negligence is the failure to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care.
My money says the DJ's and anyone involved in putting on this contest were negligent and this will lead to corporate negligence as well.
The onus was on those putting on the contest (individuals and company) to be aware of any risks and provide some degree of care for those who may become injured.
As a contestant she had a right to be reasonably informed of any actual risks she may not have been aware of and to expect competent medical care in case something went wrong.
Something did go wrong. The negligence was so great a person died. A human being died who was not made aware of actual risks. Nor was she provided any medical care at all. Those at the station are fortunate only one person died.
Criminal charges? Some form of involuntary/negligent manslaughter would not surprise me.
Civil suits? The individuals (DJs and decision making staff) should lose a lot for their personal negligence and the company a pretty penny for such gross negligence in their hiring and oversight practices.
Mom's responsibility? Well, she already paid the absolute ultimate price - she is dead - for being negligent in where she placed her trust - DJs/Staff and company. Everyone one else can pay a price and eventually get on with their lives - hard lessons learned. Mom is dead. She will not get on with her life.
Again, I am not an attorney - just someone trying to think through this. And yes, I am a conservative who is often described as somewhere to the right of Rush Limbaugh.
BTW - IIRC, a marine died a few years back from the same problem during a long hot march. Back then few knew about water poisioning. Now they do and they make sure all of their personnel are aware of it as well.
RileyD, nwJ
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