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Split verdict limits jury’s award.
Jurors called the evidence “overwhelming” and yet the seven-man, five-woman panel decided yesterday that although Entercom’s CHR “107.9 The End” KDND was negligent in putting on the contest that led to Jennifer Strange’s death, the corporation was not. So while the Strange family’s attorneys had sought more than $44 million, the jury instead awarded them $16.57 million.
Strange, 28, died hours after taking part in a KDND-sponsored water-drinking contest in 2007. Strange’s widower Billy Strange says he’s “thankful” for the verdict, which also cleared his wife of any role in her own death. “They held the appropriate people accountable,” he told reporters outside the courtroom.
Entercom could have ended-up paying more. Jurors told Sacramento media outlets there were heated discussions over how much to force the company to pay to Strange’s survivors. The final figure was an average of what each of the 12 jurors came up with. Strange family attorney Roger Dreyer believes the verdict will send a message to every radio station to be more careful how it conducts contests, predicting, “They’re going to pay attention to it.”
Communications attorney John Garziglia says the “Hold Your Wee for a Wii” contest serves as a reminder for stations to be wary of contests where someone could hurt themselves. He advises stations to be especially wary of any promotion that has offensive or suggestive aspects, and to be sure there’s adequate insurance coverage before the contest begins. Garziglia tells general managers to never trust programming personnel to make sure those things happen either. “There’s a reason for ‘management’ at your station,” he says.
An Entercom statement calls the Sacramento case “a tragedy” and suggests there won’t be an appeal as the company appears ready to put the case behind it. It says, “We respect the jury’s decision and hope that it will assist the Strange family in coping with its loss.”
Listen to audio clips from the contest HERE.




