Loyola Settles Case With Gathers’ Son : Jurisprudence: Aaron Crump to get $855,000. Westhead dismissed as defendant in the family’s suit.

After a three-hour mandatory settlement conference in Los Angeles County Superior Court, representatives of Loyola Marymount University agreed to pay the son of Hank Gathers $855,000 to settle one of the wrongful death suits brought against the school and 10 others.

The other suit, filed by the Gathers family against the same defendants, was not settled. But in a separate action, the family dismissed former Loyola Coach Paul Westhead from the suit, which clears him of all legal action in the matter.

The total settlement from both suits awarded to Gathers’ 8-year-old son, Aaron Crump--including a settlement in December by Gathers’ cardiologist, Dr. Vernon Hattori--is $1.505 million.

Hattori settled both suits for $1 million, with $650,000 going to Crump and $350,000 to the Gathers family, which includes Gathers’ mother, Lucille; brothers Derrick and Charles, and an aunt, Carole Livingstone.

Westhead, now coach of the Denver Nuggets, has maintained that he was not at fault in the death of Gathers, a Loyola basketball star who collapsed March 4, 1990, while playing in a West Coast Conference tournament game and died shortly thereafter of cardiomyopathy, a heart disorder.

Last month, attorneys for Crump dismissed Westhead from their suit, saying there was no evidence of individual liability on his part. For more than a year, Westhead’s attorney, Richie Phillips of Philadelphia, has said that Westhead would not settle or allow anyone to settle on his behalf because he wanted complete vindication.

Phillips also maintained that he did not want Westhead dismissed as part of any settlement.

Bruce Fagel, the Gathers’ family attorney, apparently dismissed Westhead without a written settlement agreement from Loyola and said he would not discuss the case.

It is a curious action considering that Fagel has maintained from the onset of the nearly two-year-old suit that Westhead is a key defendant. Also, if the family’s suit goes to trial April 27, the date rescheduled on Thursday, it will do so without Westhead as a defendant.

Fagel also contends that he came to a verbal agreement with Loyola in January to settle the case completely, only to have the school renege because of alleged demands by Phillips that Westhead be dismissed from the case at least two weeks before a settlement. But Wayne Boehle, Loyola’s attorney, said there was no settlement.

Judge J. Gary Hastings was to rule Thursday on the alleged settlement, which documents show was for $600,000, but postponed the issue until March 30.

“Things will get clearer on March 30,” Fagel said.

As part of the Crump settlement, which is expected to be signed and filed in the next few weeks, all 11 remaining defendants will be dismissed. But attorneys say that only two of the original 14 defendants--Hattori and Loyola--shared in the cost of the settlement.

Attorneys for the six doctors and their medical practices named in the suits say they have not and will not put up any of the settlement funds. In addition, Dr. Dan Hyslop of Loyola’s Health Services would not allow Loyola to pay money on his behalf. Hyslop will be dismissed from the Crump suit anyway.