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Gottesmans Awarded $2.3 Million More in Son’s Drowning
The jury in the civil trial over the drowning of Yoni Gottesman on Wednesday added $2.3 million in punitive damages to the $14 million in compensatory damages it had awarded the 4-year-old boy’s parents Monday.
Yoni drowned in the swimming pool of Cathedral Oaks Athletic Club in August 2005, on his first day of summer camp. His parents, Oded and Anat Gottesman, sued the club, its management company and several club managers, and the trial has been unfolding in Santa Barbara County Superior Court Judge Thomas Anderle’s courtroom for the last five weeks.
The jury Wednesday presented the last phase of damages, the punitive penalties, which are a result of being found guilty of willful misconduct, serve to punish or make an example of the losing parties.
The jury found that Cathedral Oaks Athletic Club, 5800 Cathedral Oaks Road, was guilty of willful misconduct and will be expected to pay $2,297,266 in punitive damages. The jury found Julie Main and Charlotte Valentine, both managers at the club, and aquatics director Esther Clark guilty of willful misconduct. Main is liable for $39,972, Valentine for $4,000 and Clark $1,800. In addition, jurors concluded that all four parties, by clear and convincing evidence, had engaged in the conduct of malice, oppression or fraud.
A motion could be made for a new trial by the judge if the defendants decide to appeal, the verdict could be reduced or the judge could decline an appeal, said Barry Cappello, the Gottesmans’ attorney.
When asked his thoughts about the case’s outcome, Cappello said the verdict was appropriate, considering there had been no set formula for the jury to consider.
“How do you value the loss of his life?” he said of Yoni, and then commended the work of the jury.
“This family is fighting to hold themselves together and are still fighting to hold themselves together, and I think this jury felt that,” he said.
Jerry Popovich, attorney for Clark, Main and Valentine, had no comment after the hearing.
Attorney Daniel Henderson represented Cal-West, Cathedral Oaks’ management company. Cal-West was found guilty of negligence and ordered to pay 15 percent of the compensatory damages.
“I don’t think this was a proper case for punitives,” Henderson said afterward. “I think it was an accident, and I think when you give people the opportunity to second guess an accident, that it creates the potential for problems.”
Henderson said he hopes the process has been cathartic for the Gottesmans.
The Gottesmans were reticent with reporters in the courtroom Wednesday, but spent much time after the final verdict hugging and talking with family and friends.
Cappello told reporters that the verdict represents the highest drowning damages in the county, and possibly California.
Another hearing will be held in June, he said, on the basis of fraudulent conveyance. The family has also chosen to sue the athletic club for fraudulently conveying its assets to protect itself from any judgments during the case, he said.
Anderle will also preside over that case, but with a different jury, sometime before September.
— Noozhawk staff writer Lara Cooper can be reached at .(JavaScript must be enabled to view this email address).
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» on 04.30.09 @ 05:28 AM
It is a sad day when people can’t take care of the children that they are being paid to care for and instead they are so self absorbed with idle chatter talking about meaningless topics.
Too bad this business cant be shut down permanently they have no business being in business.
» on 04.30.09 @ 06:07 AM
And somehow bankrupting an athletic club for an accident is suppose to make this greedy selfish couple feel better? Gee do ya think maybe a cool mill would do the trick? Nothing like capitalizing on their child’s unfortunate death. I question the sincerity of their grief. That’s ok what goes around comes around, even if it doesn’t come home to roost until eternal life. How can money fill a hole in the heart? Only forgiveness can do that. They will find that to be true as the money they spend makes them feel emptier and emptier until their souls are gone.
» on 04.30.09 @ 09:24 AM
After all he had done, Richard Berti & Dan Henderson still have the nerves to call Yoni’s death an “accident”...
That was not an accident! Richard Berti and his people took Yoni’s life , and they still learned nothing yet!
» on 04.30.09 @ 02:23 PM
The guy ran an “exclusive” club on the cheap!
He pulled the string of all these incompetent puppets such as Julie Main, Charlotte Valentine, and Esther Clark.
He “contributed” to the Sheriff shortly after his club took Yoni’s life.
Then the D.A. Tom Sneddon and his incompetent detectives, who had spent millions of $$$ on the Michael Jackson fiasco, white washed the Sheriff and Berti.
Good old boys town… SHAME ON YOU!
» on 05.01.09 @ 07:45 AM
The D.A. must file criminal charges against Bert’s gang! This was a negligent homicide!
Stop the good old boys discrimination in Santa Barbara! Protect our children!
» on 05.01.09 @ 11:15 AM
What’s with all the comments spam? We can read the story. We know you won the case. We’re sorry for your loss. Now move on.
» on 05.01.09 @ 12:33 PM
I remember swimming around at the Cathedral Oaks Athletic Club in 1994 and thinking, “Gee, these lifeguards sure don’t pay attention to the kids in the pool like they do so carefully at the YMCA”. They seemed more interested in flirting with each other than doing their job. At the Y, the lifeguards are extremely attentive and well trained. Then the poor boy drowns, and there’s suddenly like 5 lifeguards per pool watching even the adults lap swim in the evening. From one extreme to the other. They should learn from professionals like the YMCA how to run a pool safely.
» on 05.01.09 @ 01:29 PM
Thank you for posting the Web site with the security video camera’s tape of what happened. How horrifying!
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