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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 Registrar of Voters reported today it has received more than 137,000 completed ballots for the November election.The ballots are in the process of being put through a sorting machine that captures images of voters' signatures for comparison to ones the registrar has on file, according to the agency.Due to the COVID-19 pandemic, San Diego-area polling places will be open for four days instead of one, according to county Registrar Michael Vu.Vu has announced that his office is working with county public health services to ensure the health and safety of election workers and voters.Personal protective equipment and sanitation supplies will be provided to staffers so they can conduct the election process safely. 764

SAN DIEGO (CNS) - San Diego Padres outfielder Tommy Pham has sued a Midway District strip club where he was stabbed last month.Pham, 32, was stabbed around 10:30 p.m. Oct. 11 outside Pacers Showgirls International by an unknown person or persons who took part in a fight that broke out in the club's parking lot.According to the lawsuit filed Tuesday in San Diego Superior Court, the fight outside Pacers left Pham "trapped" inside the club.The suit alleges the club's private security "escalated the risk" to Pham "by participating in the fight and antagonizing" the fight participants.The suit also alleges club employees did not contact law enforcement "or take any reasonable measures to mitigate" the dangers. Due to unspecified "incidents of violence by third parties" that had occurred at the club in the past, the lawsuit alleges Pacers should have been aware of the possibility of a similar incident and taken measures to prevent it.A representative with the club could not immediately reached for comment.Pham later tried to leave the club, and while walking toward the valet stand to get his car, he was attacked by someone who stabbed the major leaguer "without any provocation," the complaint states.RELATED: County demands Midway District strip club stop "live entertainment" over health ordersA statement released by the Padres shortly after the incident described Pham's injury as a non-life-threatening slash wound to his lower back, while the lawsuit alleges he suffered "catastrophic injuries, which have and will continue to cause him significant economic damage, including but not limited to his earning capacity as an elite professional baseball player."Police have not announced any arrests in connection with the stabbing.A hearing in the case is currently slated for June 25, according to court records. 1836
SAN DIEGO (CNS) - The San Diego City Council received a handful of presentations Tuesday intended to help the city address homelessness as well as the lack of transitional and permanent affordable housing.Entities presenting to the council included the Regional Task Force on the Homeless, San Diego County, Mayor Kevin Faulconer's office, the San Diego Housing Commission, San Diego State University's Institute for Public Health and the council's Select Committee on Homelessness.Representatives from each office discussed challenges and successes fighting homelessness in San Diego last year. They also addressed how the city may support long-term strategies to eradicate homelessness.RELATED: 710
SAN DIEGO (CNS) - San Diego Unified School District officials joined local House members Thursday to urge the Senate to pass a bill to secure funding they say is necessary to reopen schools safely amid the COVID-19 pandemic.The school district and local elected officials said the HEROES Act's passage would bolster efforts to obtain what they said are much-needed protective measures in order to begin in-person learning.Though San Diego County schools were given the green light to reopen this week, its largest school district started the new school year online due to safety concerns regarding the virus.SDUSD Superintendent Cindy Marten said the district has made efforts to ensure student access to remote learning capabilities and school meals, but its ultimate goal is to reopen all campuses for in-person learning.However, she said more funding is needed in order to do so safely.Marten said the district will need to purchase more personal protective equipment, increase cleaning and daily health checks, and make safety modifications to numerous school buildings in order to address safety obstacles presented by the pandemic.Kisha Borden, president of the San Diego Education Association, the union representing the district's teachers, said many of the resources needed for in-person learning "require additional funding that our schools simply do not have and did not budget for."The House of Representatives passed the HEROES Act in May, but it still requires Senate approval. The proposal allocates billion for kindergarten through 12th grade education. The counter-proposal HEALS Act would earmark billion for schools, though critics say much of the funding will go to schools that commit to physically reopening.Reps. Susan Davis, Scott Peters and Juan Vargas were among those calling for the bill's passage with district officials on Thursday."We have the best students. We have the best teachers here in California. They want to teach and these kids want to learn, but they need a safe environment," Vargas, D-San Diego, said.San Diego Unified is slated to provide a limited capacity in-person program for disadvantaged and high-needs elementary students starting later this month, but it's uncertain whether or when in-person reopening would expand past that initial phase.Marten said that in addition to physical reopening costs, funding will also be needed to continue remote learning into the foreseeable future, including for additional laptops and wi-fi hotspots. 2505
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