Trial Magazine

William Keck III, 48, participated in a paddle tennis tournament at the Bel-Air Bay Club on a hot and humid day. He entered the club’s unairconditioned locker room and told an attendant he had cramping in his leg. The attendant began to massage Keck on the locker room bench and later, on the floor; however, Keck’s cramps continued and spread to his other leg and to an arm.

This cramping persisted for several hours, and Keck began to turn red despite drinking ice water. The locker room attendants called the club’s ­athletic director, a manager, and the head of security to check on Keck.

More than four hours after Keck entered the locker room, the athletic director called 911 when Keck began to suffer breathing difficulties and turn blue. Paramedics transported Keck to a hospital, where he suffered arrythmia and died within an hour. He had been a philanthropist and is survived by his mother.

Keck’s mother sued the club, alleging that its staff failed to timely call 911 or to provide proper medical care given Keck’s condition, which was consistent with a heat-related illness. The plaintiff asserted that the club had violated its own policies and procedures, as well as the standard of care by failing to call paramedics for over four hours and by failing to move Keck to a cool place.

The defense argued that Keck had declined medical services and that he had failed to hydrate himself during the tournament.

The jury awarded $15 million, finding Keck 20% responsible.

Citation: Keck v. Bel-Air Bay Club Ltd., No. BC704134 (Cal. Super. Ct. Los Angeles Cty. Nov. 25, 2019).

Plaintiff counsel: AAJ members Bruce Broillet and Alan Van Gelder, both of Santa Monica, Calif.

Plaintiff expert: Anthony Abbott, health and fitness, Lighthouse Point, Fla.