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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 City Council voted 5-4 today to extend the rent repayment period for commercial and residential renters to Dec. 30, giving renters who have lost income due to the COVID-19 pandemic a few extra months to repay back rent.Council President Georgette Gomez's initial motion Tuesday would have extended the repayment period for the eviction moratorium to March 31, 2021. Councilwoman Jennifer Campbell amended the motion to the December date as a compromise.On March 25, the council voted unanimously to begin an emergency eviction moratorium for renters. The moratorium requires renters to demonstrate through documentation that the pandemic has caused ``substantial loss of income,'' according to city staff. Renters are also required to follow rules in leases, but landlords cannot evict a tenant for nonpayment due to COVID-19.The moratorium expires Sept. 30. If tenants are in good standing with landlords, they can work out a repayment plan for back rent through Dec. 30, but otherwise things could get dicey for tenants.``We are all in it together,'' Gomez said before discussion of the motion. ``The economy is not fully restored. This is not an ideal policy, but it's a necessity for what we are dealing with.''Gomez represents District 9, which encompasses Southcrest, City Heights, Rolando and the College area. It has also been one of the most impacted areas during the pandemic.According to a member of Gomez' staff -- which gave the presentation on the topic -- the city had started 15,659 rental relief applications using federal Coronavirus Aid, Relief, and Economic Security Act funds. Disbursements from that pool of relief money are scheduled to be handed out in late August or early September. Those funds will go directly to landlords, however, and not renters.Council President Pro Tem Barbara Bry voted no on the motion Tuesday, not because she didn't agree that people needed help paying rent, but because the arbitrary nature of the rental relief program could leave the city open for lawsuits, she said. She added that not enough renters know the impact of not paying rent.``It's a cruel hoax,'' she said. Bry said that by not paying rent on time, tenants could be destroying their credit and leaving themselves with mountains of debt and no place to turn once the moratorium ends.In a public comment period, several dozen San Diegans called in, many urging the council to extend the moratorium -- which was not the motion in front of council -- and many to forgive rent and mortgages outright. About an equal number of landlords called in to urge the council to allow for evictions again, as many said they were paying two mortgages and not receiving income.The repayment plan extension to December will pass a critical few months, including local, state and national elections. On Nov. 3, San Diego voters will select a new mayor and five new members of its City Council -- something that could cause significant shakeup in how the city is run.``I think in three more months we will be able to tell better what the future holds,'' Campbell said. Councilmembers Chris Cate and Scott Sherman were opposed to the extension on legal grounds, as the gap between when the moratorium was passed to the date proposed in Tuesday's initial motion would have been more than a year. They claimed this could cause trouble for landlords trying to evict delinquent tenants or to collect back rent.Because the repayment extension passed with just five votes, it is susceptible to a possible veto by Mayor Kevin Faulconer. A six-councilmember vote would have made it ironclad. 3622
SAN DIEGO (CNS) - The guided-missile destroyer USS Pinckney returned to Naval Station San Diego today following a nine-month deployment. Pinckney, along with a detachment from Helicopter Maritime Strike Squadron 75, deployed in January with the Theodore Roosevelt Carrier Strike Group to the U.S. 7th Fleet/East Asia/Pacific region. The Pinckney crew in April joined with the U.S. 4th Fleet's Caribbean and Central and South America areas of operation for counternarcotics operations.``The sailors of Pinckney have helped make the United States a safer place to live,'' said Cmdr. Andrew Roy, Pinckney's commanding officer. ``I thank all Pinckney sailors and U.S. Coast Guardsmen who overcame many obstacles to make sure illicit narcotics will never make it into our homes, schools or communities.''During Pinckney's deployment, the crew of the destroyer -- along with an embarked U.S. Coast Guard Law Enforcement Detachment -- recovered 9,800 kilograms of cocaine and 2,800 pounds of marijuana with an estimated wholesale value of 0 million. In addition, Pinckney conducted navigation operations and participated in a passing exercise with the Guatemalan navy.``A lengthy deployment is always challenging, even more so in the midst of a global pandemic that kept us all on the ship for the past six months,'' said Cmdr. Ryan Conole, Pinckney's executive officer. ``Our team was able stay focused and on mission, and we could not have done that without the support of our families and friends back home who were also dealing with an incredibly challenging environment on the homefront.'' 1598
SAN DIEGO (CNS) - Scorching heat is expected everywhere except the coast in San Diego County Friday and a brutal stretch of temperatures is not expected to relent until the middle of next week, according to the National Weather Service.Building high pressure over the southwestern United States will usher in scorching temperatures for the next five to six days, with the peak of the heat expected Friday through Monday, forecasters said.The NWS issued an excessive heat warning that will be in effect from noon Friday to 9 p.m. Monday in the county valleys, mountains and deserts.LATEST 10NEWS WEATHER FORECASTThe NWS urged residents to drink plenty of fluids, stay out of the sun and check up on relatives and neighbors. Also, children and pets should be never be left unattended in a vehicle, with car interiors able to "reach lethal temperatures in a matter of minutes," according to the NWS.High temperatures Friday are forecast to reach 86 degrees near the coast, 96 inland, 100 in the western valleys, 106 near the foothills, 103 in the mountains and 120 in the deserts.Highs in the county deserts are expected to remain around 118 through Wednesday, according to the NWS. The mercury in the western valleys is forecast to top out in the low-to-mid 90s through Wednesday as well, while highs near the foothills will remain in the mid-to-high 90s through at least Thursday.Borrego Springs set a high temperature record on Thursday, according to the NWS. The city recorded a high of 117, eclipsing its previous mark for the date of 114 in 2012.San Diego County has nine cooling centers available countywide with mandatory mask wearing and social distancing protocols in place. Click here for more information on the county's Cool Zones 1748
SAN DIEGO (CNS) - The death toll in an outbreak of hepatitis A in San Diego has reached 16, and 421 people have been sickened with the disease, the county Health and Human Services Agency reported Tuesday.The figures are associated with an outbreak that began last November and has struck the homeless population and users of illicit drugs particularly hard.RELATED: San Diego to begin spraying down streets to control Hepatitis A outbreakPatients who contracted hepatitis A, which attacks the liver, in a manner unrelated to the outbreak aren't included in the statistics.The new numbers were released the same day the city of San Diego began a pilot program to keep 14 public restrooms in Balboa Park open 24 hours a day. Under direction from county health, the city on Monday began washing down streets and sidewalks in the East Village with a bleach formula.Also, around 40 hand-washing stations were set up around the city -- concentrated in areas where the homeless congregate -- around the beginning of the Labor Day weekend.RELATED: City and County of San Diego provide handwashing, vaccines to stop Hepatitis A outbreakOn Wednesday, a proposal to declare an emergency in San Diego over the outbreak and a lack of shelter space is scheduled to go before the City Council's Select Committee on Homelessness.Councilman David Alvarez suggested the declaration nearly two weeks ago, calling for immediate action because of the fatalities. In response, the office of Mayor Kevin Faulconer said the declaration was unnecessary, since the city was taking steps to combat the illness.County officials, meanwhile, are continuing a program of vaccinations, which are considered to be the best way to prevent hepatitis A. The disease is spread by contact with microscopic amounts of infected feces and via sexual transmission.RELATED: Hepatitis A outbreak ravages San Diego homeless populationMore than 7,000 shots have been given to people considered to be at-risk of acquiring the disease, and over 19,000 shots given out in total, according to the HHSA.In January's annual tally of the area's transient population, 5,619 homeless individuals were counted in the city of San Diego, a 10.3 percent increase from last year. Of those, 3,231 were living on the streets. 2287