Lucille Gathers Can Sue for Wrongful Death

A Los Angeles County Superior Court judge ruled Thursday that the mother of Hank Gathers can sue for wrongful death, the strongest cause of action in the $32.5-million suit filed by Lucille Gathers and members of her family against Loyola Marymount University and 13 other defendants in the death of her son.

In denying a motion for summary judgment, Judge Gary Hastings said he was “not convinced” that Lucille Gathers was not financially dependent on her son when he died. Hastings ruled that Lucille Gathers can have a jury make that decision.

Gathers, a Loyola Marymount basketball player, collapsed March 4 at Gersten Pavilion while playing in a West Coast Conference tournament game and was pronounced dead 1 hour 40 minutes later at Daniel Freeman Marina Hospital. An autopsy determined the cause of death to be cardiomyopathy, a heart disorder.

Gathers’ mother, Lucille; brothers Derrick and Charles and an aunt, Carol Livingston, filed suit, listing six separate causes of action. Attorneys for Aaron Crump, Gathers’ 7-year-old son, also filed a wrongful death suit on behalf of him and the estate. The suits have been combined.

For a parent to sue for wrongful death in California when there is a child survivor, the parent must prove to have been financially dependent on the deceased.

Bruce Fagel, attorney for the Gathers’ family, argued that Lucille Gathers had been dependent on Hank Gathers to some extent for financial support. According to Lucille Gathers’ testimony, her son bought her furniture and gave her about $2,000 in cash from monies received from a Loyola booster.

Defense attorneys argued that the financial support Lucille Gathers received from her son was not in keeping with the intent of the law.

“In our case, there is no question that the money Lucille Gathers received from her son did not occur consistently but was sporadic, according to her own testimony,” said Wayne Boehle, the attorney who represents Loyola. “. . . We are going to ask our appeal expert to review our motion and, depending on his opinion, may or may not file an appeal.”

The trial is set for Sept. 3.