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Former Club Owner to Pay $1.5 Million in Drowning Case
By Lara Cooper, Noozhawk Staff Writer | 
| Published on 11.05.2009
[Noozhawk’s note: Yoni Gottesman had been left alone in the pool and it was eight minutes before he was discovered face down in the water. An earlier version of this story was incorrect and the article has been corrected below.]
Six months after a jury ruled that more than $16 million in damages be awarded to the parents of 4-year-old Yoni Gottesman, who drowned at a local athletic club, former club owner Richard Berti will pay $1.5 million in partial settlement to the family.
Santa Barbara Superior Court Judge Thomas Anderle entered the final judgment in the case Monday. A jury passed a verdict earlier this year in which $13.9 million in compensatory damages were awarded.
Yoni drowned in the swimming pool of Cathedral Oaks Athletic Club in August 2005, on his first day of summer camp.
Video from a security camera at the club showed Yoni being dunked in the pool by a lifeguard. He was later left alone and it was eight minutes before he was discovered face down in the pool. Attempts to revive him failed.
Yoni’s parents, Oded and Anat Gottesman, sued the club, its management company and several club managers.
“Shortly after Yoni died, Berti began orchestrating the fraudulent conveyance of his assets, intending to avoid having to pay personally for his misconduct,” Barry Cappello, one of the attorneys representing the Gottesmans, said in a statement released Monday. “Having judgment entered on this portion of the case finally has closed this sordid chapter surrounding the willful misconduct in the death of Yoni Gottesman, and the attempt by Berti to hide his assets after Yoni’s death.”
However, Berti’s attorney, John Levitt, maintains that the 74-year-old was merely engaging in estate planning that had nothing to do with Gottesman’s death.
A court determined in February that Berti had no individual liability for Yoni’s death.
“Over the years since this tragic event, Mr. Berti has attempted to reach out to the Gottesmans, on many different occasions, though several different avenues, but the Gottesmans have continually rejected Mr. Berti’s efforts,” Levitt said. “They continue to attempt to portray Mr. Berti as an uncaring ogre when, in reality, the truth is far different.”
“We are suffering Yoni’s loss day by day,” Oded Gottesman said. “We’re here today because Berti’s operation took Yoni’s life.”
The statement said the family intends to use the money they receive to increase pool safety awareness and drowning prevention through The Yoni Gottesman Foundation.
— Noozhawk staff writer Lara Cooper can be reached at .(JavaScript must be enabled to view this email address).
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» on 11.06.09 @ 07:29 AM
What goes around comes around.
» on 11.06.09 @ 09:04 AM
As a former lifeguard/swim instructor of Cathedral Oaks, I remember the days when I felt underpaid and would be watching both pools and the jacuzzi area by myself. We were always understaffed. I would often be told to teach lessons and lifeguard the pool at the same time. The club parents would drop off their kids in the kiddie pool and then go about their business. I’d be constantly pulling kids out of the water. This was the most stressful job I’ve ever had and I’m glad to see that Berti will have to pay damages and that the policy will change.
» on 11.07.09 @ 05:11 AM
@former CO Employee -
Hopefully you have learned its best to be a whistle blower were such serious consequences are concerned.
I’m glad this case is slowly resolving but it will never bring that beautiful child back.
RIP Yoni
» on 11.08.09 @ 10:56 AM
“repeatedly dunked in the pool by a lifeguard and then was left alone to float face down in the pool”
I thought there was some semblance of journalism in this publication.
goodbye.
» on 11.08.09 @ 11:27 PM
You should get your facts right before you publish and article as being true. Your article misstates facts and is misleading.
» on 11.09.09 @ 09:14 AM
In watching the video footage, I am horrified to see that the camp counselor didn’t watch the child swim safely to the side. I can’t believe that he ignored this child for 8 minutes while he laid face down in the pool. What’s even more shocking is watching the lifeguard play with his umbrella while there’s a child lying dead below him for 8 minutes. Not one adult took notice of this poor child. It was the children who discovered that their playmate was motionless and summoned a lifeguard for help. I feel that the verdict was fair in this case.
» on 11.10.09 @ 10:51 PM
@former employee
Why didn’t you report this to the Employee Advocate at COAC, Inc.?
If you felt underpaid why did you work there?
Seems to me that you too were negligent, you didn’t stand up for yourself and you didn’t act to protect anyone else. I hope you will never allow yourself to be a victim of your own complacency, and I pray that you will be proactive in the future. As a “lifeguard” you must do all that you can to safe guard livs - be proactive! Don’t observe something and do nothing about it. If no one will listen then go to the authorities, or get the media involved, but don’t wait until something happens and then complain.
Do you personally know Berti, and what is your reason to be glad.
» on 11.11.09 @ 10:14 PM
Judge Anderle did not enter a judgement as to punitive damages. As a result of the offer made by Cappello, on behalf of the family, Judge Anderle dismissed the verdict for punitive damages. Berti did not pay any punitive damages.
Cappello is completely exaggerating when he says “Shortly after Yoni died, Berti began orchestrating the fraudulent conveyance of his assets, intending to avoid having to pay personally for his misconduct,” The Berti Trust did transfer its 1/2 ownership in the land to a single purpose LLC., which it still owns 100% of. Also if the land had any liabilities by law they would not be discharged by the transfer to the LLC! A year after the accident the Trust, along with Ortale, allowed COAC, Inc to sell its assets to WCAC. COAC’s was part of a larger sale by 3 other club entities.
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