Advertisement

Mistrial in UCI Soccer Death : Courts: Jurors fail to reach a verdict on whether the university and coach were liable for the collapse of a recruit during a training run. A second civil trial will be scheduled.

Share
TIMES STAFF WRITER

A jury deadlocked Monday on whether a UC Irvine coach and the university were responsible for the death of a soccer recruit who collapsed as she neared the end of the season’s first training run three years ago.

Orange County Superior Court Judge James H. Poole declared a mistrial after jurors announced that they could not reach a verdict in the civil lawsuit filed by the parents of 18-year-old Terrie Cate. The jury vote was 8 to 4 in favor of the university and Coach Ray Smith.

It takes at least nine votes to reach a verdict in civil cases.

The jury foreman said there was a lack of sufficient evidence to prove that university officials failed to provide water and take other safety measures for the rigorous six-mile run in hot and humid weather.

Advertisement

“There was a ton of questions--a ton of questions,” the foreman told the lawyers after the mistrial.

Webb and Shirley Cate, who filed the wrongful-death suit and attended court daily during the monthlong trial, left the courtroom moist-eyed and appeared emotionally drained.

Webb Cate said he was too shaken to discuss the outcome. “I’m devastated,” he said.

Lawyers are to meet next Monday to begin scheduling a second trial, most likely in the next three to four months.

“Our hearts go out to the family. This has got to be a terribly difficult situation for them. We sympathize and empathize with them,” said Nadine Wilck, a UCI spokeswoman. “No matter what happens in this case, it’s not going to bring back Terrie Cate.”

Wilck said the deadlock was an “encouraging” sign that jurors accepted the university’s position that the death occurred despite the coach’s efforts to organize a safe run. “You can’t cover all the bases,” she said.

Smith was in Illinois, where he now coaches college soccer, and did not attend Monday’s session.

Advertisement

The attorney representing the Cates had argued that the young athlete’s death was a preventable case of heatstroke that arose from a win-at-all-cost ethos. The six-mile run was the season-opening training test; players were required to finish within an hour in order to practice with the team.

The Cates’ attorney contended that Smith knew it was too hot, because he postponed the run for two hours, but did not properly brief the athletes on heatstroke before sending them off. The couple’s attorney, Wylie A. Aitken, argued that the temperature was above 80 degrees; the university said it was below 80.

The university maintained that Smith took safety steps by delaying the run and sending water in a pickup truck driven around the course by an assistant coach and student trainer. Andrew S. Hollins, the school’s attorney, also argued that Terrie Cate had asthma and a low white-blood-cell count and ate poorly the day of the run. Hollins said she showed no signs of distress on the run before she collapsed.

Terrie Cate, an incoming freshman and former soccer star at San Pascual High School in Escondido, collapsed at the five-mile mark and died three days later. Her body temperature had reached 107 degrees.

Jurors said they all agreed that Terrie Cate was not responsible for her death by eating poorly or shunning water.

Jurors who held the university at fault said that water was not readily available and that there were too few spotters along the route.

Advertisement

Juror Sheri Conrad, who voted against the university, acknowledged that the case was emotional but said she was swayed instead by evidence supporting the family’s case.

Aitken said the Cates plan to go through with another trial.

“Now they have to relive their daughter’s death and the circumstances around their daughter’s death. It’s very painful,” Aitken said.

Advertisement