Westhead Dismissed From Lawsuit : Jurisprudence: The decision is expected to pave the way for a settlement in Gathers’ case.

Former Loyola Marymount coach Paul Westhead has been dismissed as a defendant in one of the suits brought against him in the case of Hank Gathers, the Loyola basketball star who died March 4, 1990, of a heart disorder.

Martin Krimsky and Adrian Moody, Philadelphia attorneys for Gathers’ 8-year-old son, Aaron Crump, said Tuesday that they had found no evidence of personal liability against Westhead, setting the stage for a settlement that is expected in the next two weeks.

Westhead, now the coach of the Denver Nuggets, is one of 12 defendants named in the estate’s wrongful death suit, which, along with a multimillion-dollar suit filed by the Gathers’ family, is scheduled for trial Feb. 24 in Los Angeles Superior Court in Torrance. The estate’s dismissal of Westhead has no bearing on the Gathers’ family suit.

The estate’s case against Westhead focused on his alleged involvement in the reduction of Gathers’ medication, Inderol, which helped slow Gathers’ rapid heartbeat. However, Krimsky said Tuesday that in the deposition testimony of Dr. Vernon Hattori, Gathers’ cardiologist, Westhead was absolved of any involvement.

“Dr. Hattori stated under oath that he made the decision to lower the medication and that it was his decision, not a result of pressure because of Westhead,” Krimsky said.

Hattori settled with both the estate and Gathers’ family in December for $1 million.

Richie Phillips, Westhead’s personal attorney in Philadelphia, has said all along that Westhead seeks vindication through a court judgment, through trial or by a dismissal by the plaintiffs before--and not contingent on--a settlement. Phillips said Westhead will not settle or allow the school to settle on his behalf, a factor that has slowed the settlement of both cases.

Bruce Fagel, the attorney for Gathers’ family, claims that in mid-January he and the attorney for the school, Wayne Boehle, reached a settlement, only to have demands by Phillips cause the school to renege. Boehle denies this and the issue will be decided before a judge Thursday. As part of that alleged settlement, Fagel would have dismissed Westhead.

In another issue, Krimsky and Fagel are at odds over the distribution of the $1-million settlement from Hattori. Fagel contends he and Krimsky had agreed to split the proceeds 60%-40%, the majority going to the estate. However, Krimsky says there was never an agreement and wants his client to receive more of the proceeds. That issue will also be decided in court, tentatively set for Feb. 14.