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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 remaining sailors from the San Diego-based USS Theodore Roosevelt who stayed ashore in Guam following a COVID-19 outbreak aboard the carrier will fly back to the United States starting Friday, according to the Navy.The carrier resumed its scheduled deployment in the Indo-Pacific last Thursday, though a few hundred sailors remained in Guam to continue receiving medical care. The Navy says those service members will take military flights to the U.S., where they will be required to complete a two-week "restriction-of- movement sequester" either at home or at facilities on base at their home station.The ship originally departed San Diego on Jan. 17 for a deployment, but was diverted to Guam on March 27 when the COVID-19 outbreak took hold, ultimately infecting more than 1,100 sailors, and killing one, Chief Aviation Ordnanceman Charles Thacker, 41.The ship's commanding officer, Capt. Brett Crozier, made a publicized plea for assistance from Navy leadership in a letter that was leaked to the press, leading to his removal from command of the ship.While many have called for his reinstatement, the Navy has stated that its investigation into the circumstances behind the letter's leak is ongoing. Crozier has since been reassigned to the Naval Air Forces in San Diego, while Thomas Modly, the former Acting Secretary of the Navy who fired Crozier, resigned after he criticized Crozier to the ship's crew in a speech that was leaked online.The ship briefly went to sea June 2 to complete carrier qualifications before returning to Apra Harbor in Guam two days later to pick up around 1,000 sailors.Navy officials said the carrier now operates with new COVID-19 standard operating procedures, which modifies how crew members move through the ship, expands meal hours and establishes new social distancing procedures."The crew humbly prepared to go back to sea, they had a job to do, and they did it without hesitation," said the ship's commanding officer, Capt. Carlos Sardiello. "We have returned Theodore Roosevelt to sea as a symbol of hope and inspiration, and an instrument of national power because we are TR." 2153

SAN DIEGO (CNS) - One person is dead after being found on the San Diego freeway in the San Ysidro area, authorities said.It was unclear how the person died, and no other details were released.The California Highway Patrol was first summoned to the southbound side of the freeway at the Camino de la Plaza access -- near the connection with the Jacob Dekema (805) Freeway -- at 12:45 a.m., according to H. Austin, with the California Highway Patrol's Border Communications Center.At 1:05 a.m., investigators called paramedics to the scene to provide medical assistance to at least one victim, he said.The incident was later upgraded to a fatality, Dekema said. 667

SAN DIEGO (CNS) - One person was killed today in a fiery collision near Fairbanks Ranch Country Club.The crash, which involved a big rig and another vehicle, happened at about 12:30 p.m. in the 14900 block of San Dieguito Road in the North City area, according to San Diego police.The accident forced a closure of the roadway in the area to allow for investigation and cleanup, SDPD public affairs Sgt. Matt Botkin said.Further details about the collision were not immediately available. 495

SAN DIEGO (CNS) - San Diego County reported 409 new cases of COVID-19 and four additional deaths Saturday, raising the county's totals to 48,200 cases and 798 fatalities as the city of San Diego reopened its 289 playgrounds.Three men and one woman died -- between Sept. 26 and Oct. 2 -- and their ages ranged from the early 60s to mid-80s, officials said Saturday. All but one had underlying medical conditions.Of the 9,143 tests reported Friday, 4% returned positive, bringing the 14-day rolling average percentage of positive cases to 3.1%. The state-set target is less than 8%. The seven-day daily average of tests was 9,191.Of the total number of cases in the county, 3,560 -- or 7.4% -- have required hospitalization and 830 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.Two new community outbreaks were confirmed on Friday, both in a government setting. In the past seven days -- Sept. 26 through Oct. 2 -- 25 community outbreaks were confirmed. The number of community outbreaks remains above the trigger of seven or more in seven days. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The city began reopening its 289 outdoor playgrounds Saturday, joining the county's 100 playgrounds. Carlsbad opened playgrounds Friday morning.According to state guidance released Monday, outdoor playgrounds in parks, campgrounds and other publicly accessible locations are allowed to reopen, depending on individual cities and counties. Protocols for safe reopening include social distancing, all people 2 years old and older mandated to wear masks, no eating or drinking allowed in playgrounds and limiting time to 30 minutes while others are present.Meanwhile, San Diego State University reported 14 new cases of COVID- 19 on Saturday, bringing the total number of cases at SDSU to 1,120.The school is aware of 1,068 confirmed cases at SDSU and 52 probable cases, the university's Student Health Services reported Saturday."None of the COVID-19 cases have been connected with instructional or research spaces since fall instruction began," officials said, noting that the majority of the cases were "among students living off-campus in San Diego."All cases are since Aug. 24, the first day of instruction for fall 2020.The university announced Wednesday it was extending a pause on in- person courses through Oct. 12. Effective that day, a limited number of courses will resume in-person. Most of those courses are upper-division or graduate level, and have been "determined by faculty and academic leaders to be essential to student degree completion, licensure, and career preparation," university officials said in a statement.Approximately 2,100 students will be enrolled in an in-person course. Prior to the in-person pause, 6,200 students were enrolled in an in-person course.Paul Gothold, San Diego County's superintendent of schools, on Wednesday said schedules for the county's many districts and charter schools have not been drafted yet, but they're coming.The county has expanded its total testing sites to 41 locations, and school staff, including teachers, cafeteria workers, janitors and bus drivers, can be tested for free at any one of those sites. A rotating testing program with the California Department of Forestry and Fire Protection was in the works for schools in the county's rural areas.There are no state testing requirements for children, but all school staff who interact with children must be tested every two months. If schools were to open before San Diego County headed to a more restrictive tier in the state's monitoring system, they would not be affected. However, if a move to a different tier happened before schools opened for in-person learning, it would change the game plan, County Supervisor Nathan Fletcher said.If parents want to test their children for the illness, they have options, including Rady Children's Hospital, through Kaiser Permanente or through the 41 sites the county manages. Children as young as 6 months can be tested at the county-run sites.On Tuesday, the county again avoided being pushed into the "purple" tier, the most restrictive in the state's four-tier reopening plan. The county will remain in the red tier for COVID-19 cases, with a state-adjusted case rate of 6.7 per 100,000 residents. The county's testing positivity percentage is 3.5%.The California Department of Public Health will issue its next report on county case rates on Tuesday. 4542

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