Jennifer Strange Trial: Entercom Sacramento Negligent

2009-10-29T22:50:04Z

After nine days of intense deliberations, a jury of seven men and five women today rendered a verdict against a local Sacramento radio station in the civil trial of William A. Strange et al v. Entercom Sacramento LLC and Entercom Communications Inc. et al. The trial was to determine accountability for the death of Jennifer Strange, who died as a result of a water drinking contest sponsored by Entercom Sacramento's radio station KDND.

By unanimous vote, the jury decided that Entercom Sacramento was negligent in Strange's death; by unanimous vote, they also decided that the parent company, Entercom Communications of Bala Cynwyd, Pennsylvania was not responsible. By a vote of ten to two, the jury decided that Jennifer Strange did not contribute to her own death.

Economic damages were assessed at $1,477,118. Non-economic damages were assessed at $15,100,000.

Jurors said finding Entercom Sacramento negligent was a relatively simple decision, mostly because Entercom on-air employees ignored phone calls warning them of the dangers of the contest. They said they believed it was the responsibility of Entercom Sacramento to vet the contest with the parent company's legal department, which employees failed to do.

However, jurors reported that they were sharply divided over other issues in the case. They said no one thought Jennifer was 100 percent responsible for her death, but that two jurors thought she shared some responsibility. As only nine jurors had to agree to render a verdict, that issue was quickly decided. Deciding non-economic damages proved much more difficult, and took days of deliberations. According to juror LaTeshia Paggett, some jurors thought that criteria they'd been instructed to consider for compensation like love, companionship, and moral guidance were invaluable, and as such, the family should receive zero compensation for those areas. She said other jurors disagreed sharply and felt the compensation should have been as high as $48 million dollars. In the end, according to juror Tammy Elliott, the jury agreed to averaging the dollar amount each juror felt appropriate. "Each juror's number was weighted equally," Elliott said.

According to Entercom's annual report, Entercom Communications reports a 2008 revenue of $439 million; Sacramento is one of their more profitable markets.

The FCC is still investigating the incident.

See the Jennifer Strange story and hear actual contest audio in Public Interest Picture's Broadcast Blues. For complete trial coverage and analysis of the trial, visit SueWilsonReports.com .

Jury Selection Begins In Radio Station Water Death Suit

2009-09-08T20:21:52Z

The parent company of a local radio station engaged in the first day of a wrongful death lawsuit after a contestant died on a morning drive program more than two years ago.

Entercom Communications Corporation, owner of six radio stations including KDND 107.9 FM "The End," was slapped with a wrongful death lawsuit on behalf of the family of Jennifer Strange, a contestant in the station's "Hold Your Wee For A Wii" promotion in January 2007. Contestants were challenged to consume several varying amounts of water over the course of the station's "Morning Rave" breakfast program. Participants forfeited the contest when they were unable to hold their urine or vomit after consuming the water, with the last contestant standing receiving a prize of a Nintendo Wii gaming console.

Prior to the start of the contest, a woman identifying herself as a nurse called the Morning Rave program, warning the disc jockeys that the contest could have dire health consequences. The DJs ignored the health advice and proceeded with the contest anyhow.

Strange is thought to have consumed more than two gallons of water before eventually accepting tickets to a Justin Timberlake concert as a consolation prize. Throughout the contest, Strange had complained of head pains while the DJs commented that her stomach looked bloated.

The mother of three was found dead in her Rancho Cordova home hours later by a relative shortly after the contest ended.

In response, KDND fired 10 staff members, including the DJs associated with the "Morning Rave" program and several members of the station's promotional team. Later, the station launched a new morning show, hiring three disc jockeys away from a Pennsylvania station. The station and the new morning show continues to dominate in demographic and overall ratings.

It's those ratings that attorneys for the plaintiffs in the wrongful death civil case say pushed the station in the direction that led to Strange's death.

"That is why Jennifer Strange died," a brief released by lawyers Roger Dreyer and Harvey Levine read. "Not because of an oversight, but because Entercom cared about ratings, not risk."

Jury selection in the wrongful death case began Tuesday morning, the same day KDND rolled out commercial-free radio weekly on Tuesday during peak listening hours. According to the Sacramento Bee, Entercom is thought to have lost $710 million last year despite having dominant ratings in the Sacramento market.

Entercom operates six radio stations in the Sacramento market, including five FM stations and one AM sports station.

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Matthew Keys is an online news writer for FOX40.com and community contributor to The Sacramento Press.

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Jennifer Strange Trial: Entercom Sacramento Negligent

Jury Selection Begins In Radio Station Water Death Suit