Brenda Patterson knew her teenage diabetic son was in danger when she found his bottle of insulin medication in his bedroom. But for four days she and West Valley police could not locate the runaway.
At a weekend "Goth" party at a home across town, however, 14-year-old insulin-dependant Jens Martin Dietz was starting to show signs of diabetic shock. He became lethargic, made frequent trips to the bathroom and was vomiting. Eventually, he became so weak he just lay motionless on the floor.At one point, the party host's mother walked by him and inquired what was wrong. Her son replied that Dietz, who was not a Goth but associated with some, was just very tired.
Dietz's friends, one of whom knew he was diabetic, attempted to feed him punch and cookie dough. But at the end of the weekend they carried Dietz, possibly already in a coma, to the garage and placed him in the back seat of an abandoned car.
The next day, March 10, 1997, Dietz was found dead by the party host. His body remained in the cold, abandoned car for another 15 hours before police were notified.
Patterson says her son deserved better treatment. She said someone should have recognized that he was sick and those at the home should have provided him better care and called for medical help.
"It's only human decency," said her attorney, Peter Collins.
Late Wednesday, after a three-day trial, a 3rd District jury agreed and ruled that the actions of the party host, another 15-year-old friend at the party and the host's mother were a proximate cause of Dietz's death. The jury awarded $250,000 in damages -- $150,000 for Dietz's pain and suffering in his final hours and $100,000 for Patterson's wrongful death claim.
The jury found the 14-year-old party host was 15 percent liable, the 15-year-old 20 percent liable and the homeowner, Susan Bevan, 30 percent liable. Dietz, for running away from home and not taking his medication, was also found to be 30 percent liable. Patterson was assessed 5 percent liability. The
bottom line is: Patterson was awarded 65 percent of the damages.
The verdict could be precedent setting in parental responsibility, but only if it is upheld by an appeals court. During the trial, Judge Homer Wilkinson ruled Bevan could not be held legally liable for Dietz's death. Realizing the precedent issue and knowing his ruling would be appealed,
however, he allowed the jury to also decide on Bevan's liability. The judge did not rule on the teenagers' liability.
Unless a settlement is reached, Collins said he will appeal Wilkinson's ruling and ask that the jury verdict as it pertained to Bevan be upheld. If the judge's ruling is upheld, Patterson could only collect damages from the teenagers, which would be difficult.
Bevan testified at the trial that she was aware of "Goth" activities taking place in her home. Goths dye their hair black, wear black eyeliner and lipstick, wear white makeup on their faces and dress in black. They also have vampire beliefs and make pacts with blood. Bevan said she knew some of those blood pacts, which involved deep cuts in the arm, where being done in her home. She admitted allowing her home to become somewhat of a hangout for her son and his friends.
"I was glad the kids weren't out running on the streets," she said.
She also testified that she was aware runaways had stayed at her home and that her son and his friends drank alcohol, smoked marijuana and used other drugs. She testified that during the four-day party she never considered calling Patterson because she just assumed Dietz's parents were out of town.
Joe Joyce, Bevan's attorney, said Dietz died from his own actions and not those of his client. He said Dietz lied to his mother when he called her the day he ran away and told her he had his insulin, he knew the dangers of not taking his medication and he recognized the symptoms that he was getting sick.
"(Dietz) could have walked out of that house and pulled himself out of that at any time," Joyce told jurors.
Joyce acknowledged his client probably gave her son too much freedom and is possibly negligent as a parent but said that has nothing to do with Dietz's death. He said Dietz died because he failed to take his insulin and for no other reason.