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California Mother Files Wrongful Death Suit

It’s common for teenagers to gather unsupervised with friends or to throw parties when their parents are away. Often, these parties occur unbeknownst to parents and with few serious repercussions. Yet the reasons parents worry for their children’s safety when it comes to these kinds of gatherings, which can include alcohol or narcotics, are clear.

In Oakland, Calif., the mother of a teen who died while attending a party last April has filed a wrongful death lawsuit naming the hosts, their parents, and another teenager who purchased alcohol with a fake ID. Marianne Payne’s suit claims that the death of her son, Joe Loudon, could have been avoided and was caused by “negligence on the part of the students who provided alcohol and of the hosts’ mother and stepfather, Isabel and Scott Hamilton, who were out of town when the party was held without their permission.”

According to reports, Joe Loudon collapsed after attending the party for less than two hours. A fellow partygoer performed CPR on Loudon and was able to revive him. Loudon was taken to a bedroom in the Hamilton’s house so that he could lie down to rest and recover. Unfortunately, the young man was not out of the woods yet, and while alone in the bedroom, he vomited and choked. Again CPR was administered and attendees of the party called 911, but it was too late. Joe Loudon died soon after. During his autopsy, doctors found only a small amount of alcohol in his system. Physicians believe that Loudon might have suffered from a preexisting heart condition that caused his sudden death.

Patrick Gabrielli and his sister Alexandra have been fined, sentenced and ordered to complete community service for providing alcohol to a minor. The teenager who bought the alcohol using a fake ID was also sentenced and fined. Marianne Payne’s lawsuit is seeking an unspecified amount in damages to cover emotional suffering and the costs of her son’s funeral and burial.

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