Hearing to Decide Split of Gathers Settlement

The son of former Loyola Marymount basketball star Hank Gathers was in Los Angeles Friday to attend a court hearing that will eventually determine how much of a $1-million settlement from a lawsuit he will receive.

Aaron Crump, the 8-year-old son of Gathers, traveled from his home in Philadelphia with his mother, Marva, his grandmother, Phyllis, and his two attorneys, Martin Krimsky and Adrian Moody, also of Philadelphia. Marva and Phyllis testified, but Aaron was not called.

The issue centers on a settlement reached in December on two wrongful death suits against Dr. Vernon Hattori, the cardiologist who treated Gathers before his death, March 4, 1990. The suits were filed nearly two years ago by the Gathers family--Gathers’ mother, Lucille, brothers Derrick and Charles and an aunt, Carole Livingston--and by Gathers’ estate, of which Aaron Crump is the beneficiary. The suits were originally filed against 14 defendants, including the school, former Loyola coach Paul Westhead and the doctors who treated Gathers.

Hattori, the only defendant to settle so far, agreed jointly with the plaintiffs for $1 million, the amount of his insurance policy. It was up to the plaintiffs to decide the allocation.

Bruce Fagel, the attorney for the Gathers family, argued Friday that he and Krimsky had agreed before the settlement to a split of 60%-40%, with the estate receiving the higher percentage. But Krimsky and Los Angeles attorney Kenneth Wolf contend there was no agreement and asked Judge Gary Hastings on Friday to allocate more of the proceeds to Aaron. A decision is expected this week.

Krimsky put Phyllis and Marva Crump on the stand, who testified to Gathers’ love, devotion and financial support to his son. Marva Crump testified that Gathers was planning on Aaron living with him when he made it to the NBA.

Derrick Gathers testified for the family, but also spoke of Gathers’ love for his son.

On another issue, Fagel and Richie Phillips, the attorney for Westhead, will meet in court Thursday to argue whether Westhead should be dismissed as a defendant from the Gathers family suit. Phillips says there is no evidence against Westhead, who was dismissed last week from the estate’s suit. A trial is set for March 23.