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Rolex Leads to Wrongful Death?

How’s this for a bizzare case? Jerry Kubena, Sr. was suffering from a heart attack when he was admitted to St. Joseph’s Medical Center on June 1. Dr. Cleveland Enmon was on staff in the emergency room at the time Kubena was admitted, and was the attending physician. Two nurses working alongside Dr. Enmon noticed that Kubena was wearing a Rolex watch. Later, when Dr. Enmon pronounced Kubena dead, the nurses noticed Kubena’s watch was missing. The nurses suspected Dr. Enmon had stolen the watch, and this was confirmed on hospital surveillance cameras. The children of Mr. Kubena have filed a wrongful death lawsuit against Dr. Enmon, stating that the doctor intentionally abandoned efforts to save their father and save his life in order to steal his Rolex watch, estimated to be valued at $11,000 to $45,000.

“Enmon abandoned his efforts to resuscitate (the) decedent and decided instead to satisfy his narcissistic desires by stealing the wristwatch”, said Stockton attorney Jeffrey Silvia, in a lawsuit filed Wednesday in San Francisco Superior Court. The suit was filed against Dr. Enmon, St. Joseph’s Medical Center, and Catholic Healthcare West, which owns the hospital.

The family alleges that Enmon ceased efforts that could have saved Kubena’s life in order to steal the watch, and the hospital attempted to cover up the incident after Enmon had been fired. The lawsuit charges the hospital and its owners with conspiracy, negligent hiring and supervision. The Kubena family is seeking compensatory damages for their loss, and pain and suffering, emotional distress, and loss of companionship. They are also seeking punitive damages for negligence, fraud, and breach of care.

This was, quite possibly, a needless death. It is certainly questionable whether Mr. Kubena received proper care, or whether with proper care, he could have survived, but his actions, if proven, are inexcusable. And, if these acts weren’t bad enough, the medical center, according to the lawsuit, conspired to cover up Dr. Enmon’s acts, and this makes the Kubena family’s grief and suffering that much more unbearable. In the midst of the investigation over the missing watch, they were unable to grieve at their father’s bedside. If Mr. Kubena was wearing a Timex watch, would his heart may still be ticking today?

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