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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 County COVID-19 case total rose rapidly over the weekend and health authorities have reported more than 300 new COVID-19 cases seven times in the past eight days.County public health officials reported a single-day record of 497 new positive COVID-19 cases and one additional death on Sunday, bringing the county's totals to 13,334 cases and 361 fatalities.On Friday, the county reported 440 new cases, the highest number until Sunday. The day before, the county reported 436 new cases.The death reported Sunday was of a woman who was in her early 60s, officials said. The woman had one or more underlying health conditions. 664
SAN DIEGO (CNS) -- San Diego lifeguards and firefighters Sunday rescued a surfer who suffered a medical emergency while in the water in the Bird Rock area, authorities said.At 12:36 p.m., lifeguards and firefighters from the San Diego Fire- Rescue Department responded to the cliffs near Calumet Park about a surfer experiencing an unknown medical emergency, Lt. Andy Lerum of Lifeguard Services said.The man in his 60s experienced a possible heart-related ailment or seizure, but rescuers were not sure of the exact nature of his medical emergency, Lerum said.The man swam to the beach, where he collapsed and lifeguards began tending to him, the lieutenant said. He was taken by stretcher about 30 yards to the bottom of the cliff.Firefighters used the department's Rescue 44 truck, equipped with a crane, to lift the surfer from the beach to the top of the cliff, Lerum said. An ambulance then took the man to a La Jolla hospital for evaluation. He was reportedly in stable condition. 995
SAN DIEGO (CNS) - Recent rainfall has led to an influx of seabirds washing ashore and becoming beached along San Diego's coast, the San Diego Humane Society said Friday.The organization's Project Wildlife program, which focuses on animal rehabilitation and conservation, has recently cared for multiple seabirds, including loons, western grebes and a blue-footed booby who became beached during periods of high surf and stormy weather.Seabird diets are also affected by rainfall as vacillating ocean temperatures cause their food sources to dive deeper than normal. Consequently, the birds are often too weak to get past strong coastal waves into the open ocean. Humane Society animal care staff recently transferred their rescued birds to SeaWorld for further rehabilitative care.Residents are advised to contact a lifeguard, the Humane Society's Humane Law Enforcement division at 619-299-7012, ext. 1, or SeaWorld at 800-541- 7325 if they see a beached or struggling seabird. Birds that are in immediate danger can also be wrapped in a towel and brought to Project Wildlife, located at 5433 Gaines St. 1112
SAN DIEGO (CNS) -- The pink, blue and white colors of the Transgender Flag will fly over the County Administration Center and the San Diego Convention Center Sails Pavilion at sundown Friday in honor of Transgender Day of Remembrance.The Human Rights Campaign reports that so far in 2020 "at least 36 Transgender or gender non-conforming people have been killed by violent means, the majority of whom were Black and Latinx transgender women.""The lives of our Transgendered community members are too often violently taken just because of who they are," said County Supervisor Nathan Fletcher. "We cannot stay silent as the deaths of these humans continue to grow year by year. Lighting up these structures won't solve the challenges the Transgender community faces, but it is a step toward raising greater awareness and support for our Transgender neighbors."Fletcher, in partnership with the County of San Diego's LGBTQ&A Employee Resource Group and the African American Association of County Employees, championed securing the lighting of the iconic San Diego structures."To honor these victims and countless others, we stand in solidarity by lighting the CAC to remember each life lost," said Ben Parmentier, President of the County LGBTQ&A Employee Resource Group."The visibility this lighting provides is a small step to bring awareness to a grim reality for one of the most vulnerable populations in our society. Transgender people also face disproportionate health disparities, harassment, and discrimination. It is incumbent upon all of us with privilege to use our power to do more," Parmentier said.San Diego Convention Center leadership supported this awareness initiative when contacted by the Fletcher's office and county employees."In support of Transgender Day of Remembrance, we will light our iconic Sails Pavilion to honor those who we've lost to anti-Trans violence," said Rip Rippetoe, president and CEO of the San Diego Convention Center. "As an inclusivity-driven convention center, we hope that our action will raise awareness of issues that affect our community." 2103