Family of water-intoxication victim sues radio station

By: JULIET WILLIAMS - Associated Press | Thursday, January 25, 2007 8:25 PM PST ∞

SACRAMENTO -- The radio station disc jockeys who hosted an on-air water-drinking contest knew that consuming too much water too quickly could be fatal but dismissed the concerns with juvenile jokes, according to a wrongful death lawsuit filed Thursday by the family of a contestant.

Jennifer Lea Strange, a mother of three, died Jan. 12 hours after taking part in the on-air promotion to win a video game console.

"The talent admitted during the broadcast that they should have done more research once various participants, including (Strange), began to report medical symptoms," according to the lawsuit filed in Sacramento County Superior Court. "Such conduct was despicable and so vile, base or contemptible that it would be looked down upon and despised by reasonable people."

Strange, 28, was one of about 18 contestants who tried to win a Nintendo Wii gaming console by seeing how much water they could drink without going to the bathroom. The disc jockeys on KDND-FM's "Morning Rave" program called the contest "Hold your Wee for a Wii."

The Sacramento-area station fired 10 employees after Strange's death.

The lawsuit names as defendants KDND's parent company, Entercom/Sacramento, the on-air talent who hosted the contest, as well as employees and managers who organized, promoted and participated in the contest.

It alleges they were negligent in failing to research the contest and warn participants about the risks. The suit also says they failed to get medical help even after participants complained about getting sick.

At one point, a listener who identified herself as a nurse called in to warn the disc jockeys that the stunt could be fatal, according to an audio tape of the broadcast.

"Yeah, we're aware of that," one of them responded.

Another DJ laughed: "Yeah, they signed releases, so we're not responsible. We're OK."

The lawsuit claims that Strange never signed a liability waiver.

The disc jockeys also can be heard on the audio tape discussing a 2005 hazing incident at a Northern California university in which a fraternity pledge died after drinking too much water.

The radio station would not comment directly about Thursday's lawsuit, Entercom spokesman Charles Sipkins said.

"We reiterate our deepest sympathies and condolences to the Strange family, but we do not comment on pending litigation," he said.

Other contestants on the show said Strange ingested up to two gallons of water. She was interviewed several hours into the program, saying she looked pregnant because her belly was swollen with water and complaining that her head hurt.

"They keep telling me that it's the water. That it will tell my head to hurt and then it will make me puke," she said.

"This is what it feels like when you're drowning," responded one of the disc jockeys. "There's a lot of water inside you."

Strange eventually relented and accepted the second-place prize, tickets to a Justin Timberlake concert. Her mother found her dead several hours later at the family's home in Rancho Cordova, a Sacramento suburb.

The lawsuit said that instead of offering help, "The talent verbally chastised and otherwise coerced her, exhorting her to remain in the contest by threatening that she would be disqualified if she 'puked."'

Also Thursday, a spokesman for the Federal Communications Commission said the agency has joined the investigation into Strange's death at the request of attorneys for the family. The lawyers have requested that KDND be taken off the air.

"Chairman (Kevin) Martin has asked the enforcement bureau to look into the matter," FCC spokesman Clyde Ensslin said. "He was obviously troubled by the information in the letter."

Roger Dreyer, the family's personal injury lawyer, wrote that KDND showed "wanton disregard" for the safety of Strange and others who entered the contest.

"Despite having a distended abdomen and complaining of significant symptoms of a headache and lightheadedness, the radio station allowed her to leave the premises without any type of assistance or concern," the letter stated. "Ms. Strange went home, slipped into a coma and died."

Like most other California radio stations, KDND's broadcasting license expired on Dec. 1, 2005. The station's renewal application is still pending, according to FCC records. The FCC could fine the station or deny its application for renewal if it finds wrongdoing.

The Sacramento County Sheriff's Department also is investigating the death.

The lawsuit seeks unspecified medical, legal, burial and funeral costs. It also seeks punitive damages for the loss of companionship for Strange's husband, William, and their children, who are 11 months, 3 and 11 years old.

Associated Press Writer Aaron C. Davis also contributed to this report.

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