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SAN DIEGO (CNS) - The family of a 19-year-old San Diego State University student who died after falling from his bunk bed and striking his head following a night of drinking has filed a wrongful death lawsuit against several defendants, including the university, the fraternity he was pledging for, and the manufacturer of the bed he fell from.The lawsuit filed last week in San Diego Superior Court alleges Dylan Hernandez was hazed by members of Phi Gamma Delta just prior to his death, and that fraternity members not only failed to obtain medical attention for him after he became extremely intoxicated, but also attempted to hide evidence of misconduct following his fatal fall.Hernandez fell from his bed on Nov. 7, 2019, and died in a hospital the following day.RELATED: Investigation completed into death of SDSU student who died after fall from bedThe lawsuit alleges he attended a "Big Brother, Little Brother" fraternity event that had pledges "screamed at and demeaned, beaten with paddles and hands, and forced to consume shots of vodka and rum to the point of intoxication."Following his hospitalization, the lawsuit alleges Phi Gamma Delta members instructed others to remove incriminating material from their cell phones and in group chats, members were told to "Keep your mouths shut!" and "Just remember, Silence is Golden!"Representatives with Phi Gamma Delta did not respond to a request for comment.RELATED: Autopsy report of SDSU student who died after fall from bed releasedIts national office permanently suspended its SDSU chapter in August and SDSU expelled the fraternity until 2030.In July, it was announced that no criminal charges would be pursued in connection with Hernandez's death, which was ruled accidental. A joint statement released by the university's police department and the San Diego County District Attorney's Office stated there was "no basis" for manslaughter or hazing charges.Investigators said there were no injuries on Hernandez's body "that appeared consistent with hazing, and no evidence of student group activities likely to cause serious bodily injury or death, which is statutorily required to prove hazing." Other than Hernandez's "devastating head injuries," the only other wound to his body was an abrasion on his thigh, officials said.RELATED: San Diego State suspends 14 fraternities after student is hospitalizedOne month after that statement was released, Rob Caudill, the fraternity's executive director, sent SDSU a letter announcing the chapter's closure, stating the SDSU chapter had been found guilty of violating fraternity bylaws, including hazing, drug use and violations related to alcohol misuse.SDSU representatives said the university could not comment as it had not yet seen the lawsuit, but pointed to steps the university has taken to combat hazing activities on campus in the wake of Hernandez's death. These include the formations of two task forces examining student activities and alcohol/substance abuse. Task force recommendations led to the implementation of a Good Samaritan Policy, in which student organizations are encouraged to report concerns about student health and safety, and a Hazing Prevention Task Force that held its first meeting this fall.Hernandez's family alleges SDSU was aware of prior hazing issues involving Phi Gamma Delta and failed to properly discipline the fraternity for such activities. The family alleges SDSU was aware of prior instances when Phi Gamma Delta pledges were hazed or hospitalized for excessive drinking.The family also alleges the school created an unsafe environment in the Tenochca Residence Hall where Hernandez suffered the fatal fall by furnishing its rooms with bunk beds that didn't meet minimum safety standards.In suing SDSU and the bunk bed manufacturer, Foliot Furniture Pacific, the family alleges the beds featured "safety rails" that were defective, and contributed to 550,000 deaths nationwide over a 16-year period and 10 injuries at SDSU between 2017 and 2019. 4015

SAN DIEGO (CNS) - The San Diego Blood Bank reached out to the public Tuesday asking for blood donations amid the coronavirus pandemic.The fast-spreading respiratory illness has resulted in school closures and work-from-home policies throughout San Diego County, forcing the bank to cancel blood drives.The San Diego Blood Bank collects more than half of its blood supply on bloodmobiles stationed at these blood drives, according to the company.RELATED: Red Cross pleads for blood donations amid severe shortage due to COVID-19 cancellations"The U.S. is on the verge of a serious blood shortage that will lead to blood rationing and triage," said David Wellis, CEO of San Diego Blood Bank. "We need healthy people to come out to donate immediately. Supplies are dropping to critical levels."Individuals are not at risk of contracting the coronavirus from donating blood, and the virus poses no known risk to patients receiving transfusions, officials said."It's safe to donate blood," said Admiral Brett Giroir, Assistant Secretary of Health. "Part of preparedness includes a robust blood supply."RELATED: San Diego to legally enforce new public health orders over coronavirusAs a safety precaution, San Diego Blood Bank is currently deferring people who have traveled to areas with World Health Organization level 3 travel notices (China, Italy, Iran, South Korea, France and Spain, among others) for 28 days from their date of departure from the outbreak area. If donors have been exposed to or treated for coronavirus, they are also deferred for 28 days. People experiencing coronavirus symptoms, including fever, cough and shortness of breath, should not attempt to donate."It's important to note that blood collection activities are not `mass gatherings,' rather they are controlled blood drives conducted using appropriate infection control mechanisms intended to assure the safety of the products, donors and staff," said Doug Morton, COO of San Diego Blood Bank. "San Diego Blood Bank is highly regulated and is following best practices, such as properly cleaning surfaces between donation."The blood bank encourages all healthy individuals to donate blood. To be eligible to donate blood, you must be at least 17 years old, weigh at least 114 pounds, and be in general good health. To make an appointment, visit www.sandiegobloodbank.org or call 619-400-8251. 2376

SAN DIEGO (CNS) - San Diego County public health officials have reported 540 new COVID-19 infections and one new death related to the illness, raising the region's total to 59,656 cases and 908 deaths as the county continues to await news on whether it will sink into the dreaded purple tier of the state's four-tiered COVID-19 reopening plan.State officials reported Wednesday that San Diego County had an unadjusted new daily coronavirus case rate of 8.7 per 100,000. The adjusted case rate had dropped to 7.4 per 100,000, above the baseline of 7, qualifying the state for the purple, or most restrictive tier of the reopening plan. Last week's unadjusted case rate was 7.8 per 100,000.According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that more restrictive tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.San Diego County has been in the red tier for months, skirting but ultimately avoiding the purple tier, which would necessitate the closure of almost all indoor operations of nonessential businesses. Recent trends have shown a slow but steady increase in infection numbers.If the county cannot drop its adjusted daily case rate below 7 per 100,000, indoor operations in locations such as restaurants, museums, places of worship, breweries and retail businesses will have to either close entirely, move to outdoor operations only or modify in other ways.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.Dr. Wilma Wooten, the county's public health officer, said retail operations, including indoor shopping centers, will be limited to 25% of building capacity, down from the current 50%. Schools, unless they have already restarted in-person learning, will be restricted to distance learning. K-12 schools already in session can continue, Wooten said."Cases are increasing in the region and it is vital that we take this virus seriously and recommit ourselves to the strategies that are proven to work," she said Thursday. "Wear a face covering when you go out in public, stay six feet away from others and avoid crowds and large gatherings."The county's testing positivity rate actually improved, declining 0.3% from last week to reach 3.2%, but remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.1% to 5.3% and entered the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.The state data reflect the previous week's case data to determine where counties stand. The next update will be Tuesday. 2970

SAN DIEGO (CNS) - Taking swift action after Thursday's San Diego City Council meeting in which a lone franchise utility bid was revealed, Mayor Todd Gloria Friday announced he was rejecting San Diego Gas & Electric's bid for the city's gas and electric utilities.The lone bid revealed Thursday was for million -- the minimum amount set by former Mayor Kevin Faulconer in September for the 20 year contracts -- and many callers into the meeting asked for the council to ask for a one-year extension for the new mayor and councilmembers get up to speed.The Thursday meeting was informational only, but the information was enough for Gloria."After reviewing the bid submitted by SDG&E and consulting with the City Attorney's office, we have determined their bid is unresponsive to the city's invitation to bid. Therefore, I am rejecting the bid and canceling the current ITB process," Gloria said. "I will be pursuing an extension of the existing agreement between the city and SDG&E to allow enough time for the new City Council to get up to speed and more opportunities for public engagement to occur."The council must take action at its next meeting on Jan. 12; the existing franchise agreement with SDG&E expires Jan. 17. It was originally signed as a 50-year agreement starting in 1970.SDG&E, whose parent company is San Diego-based Sempra Energy, has been the sole electric and gas utility for San Diego since 1920.Gloria and five of the nine city council members were sworn in this month, leaving them just four weeks to decide whether to approve SDG&E's minimum bid for 20 years, ask for an extension to allow newly elected officials to get up to speed, cancel the process altogether and start over or pursue municipalization -- purchasing and putting the city's utilities under public control.Councilman Chris Cate, one of the four incumbent members, expressed frustration at the delay on Thursday."This is a process which has been undertaken for well over two years," he said. "We knew the deadlines years ago."He said an extension wouldn't be a good use of the city's time or resources, and shot down the municipalization idea as a costly endeavor already looked at by analysts, which the city could ill-afford as it grapples with budgetary fallout from the COVID-19 pandemic."It would not be coming from a fiscally prudent or service prudent standpoint as a city," he said.Other councilmembers urged patience."We cannot commit to a bad deal because we are in an economic downturn at the moment," said Councilman Sean Elo-Rivera. "This will affect us for years after the crisis has passed."The lone bid came as somewhat of a surprise. Berkshire Hathaway and Indian Energy had both expressed interest previously but failed to submit bids.Gloria said he would look at all the options ahead of the city."At the end of the day, my objective will be to make sure an agreement meets the needs of residents, makes financial sense for the city, is fair to ratepayers, is consistent with the goals of our Climate Action Plan and includes equitable access to environmental benefits for all our communities," Gloria said. "I will be working with the City Attorney and City Council to fully evaluate all options and next steps to achieve this goal." 3281

SAN DIEGO (CNS) - San Diego City Council President Georgette Gomez announced Thursday she will place a proposed ballot measure to expand police oversight and create an Independent Police Practices Commission on the docket for the June 23 council meeting."The murder of George Floyd has exposed a crumbling faith in government and mistrust of police that must be addressed immediately," Gomez said. "It's critical that we build trust between communities and law enforcement and restore the public's faith in police oversight. We need to address the reality that many communities have been treated unfairly by police and have nowhere to turn to correct injustice."During a marathon meeting Tuesday that lasted about 10 hours, dozens of people phoned in during the public comment period and called for defunding the police and voicing support for the Black Lives Matter movement."I want the public to know that we are advancing the Independent Police Practices Commission measure without delay, and my hope is to bring together everyone on the council -- Democrat, Republican, Independent -- for a unanimous vote," Gomez said. "The time is now to create real dignity and respect for all our communities, but specifically our black and brown communities."Gomez said she has supported the measure since a version of it was proposed in 2017.The measure would create an independent commission with investigators, staff and subpoena power -- modeled after the city's Ethics Commission -- to review community complaints of police misconduct and recommend reforms to the City Council and the San Diego Police Department.Councilwoman Monica Montgomery, who chairs the council's Committee on Public Safety and Livable Neighborhoods, has been a driving force behind the measure since its introduction."From the beginning of my administration, my office has worked honestly and diligently to advocate for police reform, through transparency and accountability measures," she said. "As true transparency and accountability champions, we have been steadfast in changing the conversation around police reform through open communication with the community, the San Diego Police Officers Association and the mayor's office."Montgomery thanked the groups which collaborated on the ballot measure, including Women Occupy San Diego, the Earl B. Gilliam Bar Association and San Diegans for Justice.On Monday, Mayor Kevin Faulconer and Police Chief David Nisleit both announced their support for the police-reform ballot measure and joined Gomez and Montgomery to announce that the SDPD would ban the use of the carotid restraint, a compliance technique that renders uncooperative detainees unconscious but can prove deadly if performed improperly.The San Diego County Sheriff's Department and about a dozen other area law enforcement agencies have since announced that they will do the same. 2876