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ER Doctor Let Man Die So He Could Steal His Rolex, Suit SaysBy KATHY ADELBERGER, Andrews Publications CorrespondentThe children of a California man say an emergency room physician stopped his efforts to resuscitate their father so he could steal his Rolex watch. Jerry Keith Kubena Sr. was brought by ambulance to St. Joseph's Medical Center in cardiac distress June 1, according to the complaint filed by his children Jerry Kubena Jr. and Karie Yvonne Nelson in the San Francisco County Superior Court. Dr. Cleveland James Enmon assumed responsibility for Kubena upon his arrival in the emergency room, the suit says. Enmon was employed by Apexx Physicians Medical Corp. but was "hired out" to St. Joseph's to provide medical treatment to patients visiting the hospital's ER, according to the complaint. Kubena's children allege that when Enmon saw that their father was wearing a valuable Rolex Presidential watch, he "formed the intent" to take it. Kubena went into cardiac arrest, and Enmon began resuscitation but purposely "abandoned his efforts" so that Kubena would die and "not be around to reclaim his watch," the suit says. A nurse who had assisted with Kubena's care foiled Enmon's efforts, however, when she noticed the watch was missing and asked where it was, according to the complaint. Security was called, and although all ER staff members were ordered to remain in the emergency room, Enmon went out to the parking lot, the suit says. Security cameras recorded Enmon's exit from the hospital, according to the complaint. A nurse who was suspicious of Enmon followed him and saw him toss something into the grass, the suit says. She told security officers and they ultimately retrieved the watch from the grassy area, according to the plaintiffs. The hospital confronted Enmon and relieved him of his duties. In August a San Joaquin County grand jury indicted Enmon on one count of grand theft for stealing the watch. Kubena's children sued Enmon, Apexx, St. Joseph's and others, alleging wrongful death, negligent hiring, negligent supervision, civil conspiracy, intentional infliction of emotional distress and negligent infliction of emotional distress. The plaintiffs contend the defendants conspired to conceal from them Enmon's criminal conduct and the true cause of their father's death. They say they only became aware of the alleged events in the emergency room 11 days later when Kubena's son learned through a "confidential source" of Enmon's negligent acts in treating their father and the theft of his watch. On June 16 Kubena reported the events surrounding his father's death to the Stockton Police Department, which resulted in an investigation and the indictment against Enmon. The plaintiffs are seeking: Enmon appeared in the San Joaquin County Superior Court Sept. 28 to answer the grand-theft charge but did not enter a plea, according to The Record newspaper. A hearing has been scheduled for Oct. 19. To comment, ask questions or contribute articles, contact West.Andrews.Editor@ThomsonReuters.com. Kubena et al. v. Enmon et al., No. CGC-09-492835, West's Medical Malpractice Law Report Volume 05, Issue 10 09/30/2009 FindLaw, a Thomson Reuters business. All Rights Reserved. |