Suits March On, Westhead or Not

Paul Westhead’s departure from Loyola Marymount to coach the Denver Nuggets will have no affect on the outcome or strategy of the lawsuits filed against him and the school by the family and estate of Hank Gathers, attorneys for both sides said Friday.

“Whether Westhead is coaching at Loyola or not doesn’t affect the case,” said Ken Wolf, an attorney for Gathers’ estate and one of 29 attorneys involved in the suits.

“An interesting sideline would be if the trial gets scheduled for the early or mid-part of next year, it may coincide with the NBA season or playoffs. Westhead is a (required) witness.”

Gathers, a Loyola Marymount basketball player, collapsed March 4 at Gersten Pavilion while playing in a West Coast Conference tournament game, and was pronounced dead 1 hour 40 minutes later at Daniel Freeman Marina Hospital. An autopsy determined the cause of death to be cardiomyopathy, a heart disorder.

Two multimillion-dollar suits have been filed in Los Angeles County Superior Court against Westhead, Loyola Marymount and 12 other defendants, claiming that Gathers died because of negligence by doctors and school employees. The complaints also allege Westhead and Loyola officials conspired by concealing medical information to ensure that Gathers would continue playing for the school.

“Paul’s leaving and the case are totally unrelated,” said Martin Burke Jr., general counsel for Loyola. “Chip Schaefer (Loyola trainer who is also a defendant) left for a tremendous job at the Chicago Bulls, and this is a great promotion for Paul. It won’t affect anything. We wish him well.”

A $32.5-million suit was filed April 20 on behalf of Gathers’ mother, Lucille, brothers Derrick and Charles and an aunt, Carol Livingston. The second suit, for an unspecified figure, was filed June 8 on behalf of Gathers’ estate and Aaron Crump, Gathers’ 6-year-old son who lives in Philadelphia with his mother, Marva Crump.

It is expected that the suits, which have been transferred from the Central District Superior Court in Los Angeles to the Southwest District Superior Court in Torrance, will be consolidated.

The court transfer, however, may prolong the trial date. In Los Angeles central court, the suits were on a fast-track system that provides a trial date within 12 to 18 months. In Torrance, however, there is no fast-track system.

A motion by the attorneys for the plaintiffs for an early trial date will be heard in the Torrance court Thursday.

Wolf said that he and the other attorneys representing the son and the estate are prepared to discuss settlement. But Burke said the defendants are not ready.

“Early discussions about getting together fell by the wayside,” Burke said. “There have been no realistic settlement discussions, no realistic numbers. I expect there will be at some point, but it’s difficult for lawyers to evaluate cases without the discovery process being completed. That’s the main reason for no settlement talk at this time.”

Burke also said there was little likelihood of the cases being settled separately--the school settling with the estate and the son, but not the family or doctors.

“It’s possible but not likely,” he said. “Cases are generally settled as a package deal.”

Bruce Fagel, the attorney representing the Gathers’ family, could not be reached for comment.