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Monday, September 28, 2009

Lawsuit Alleges ER Doctor Let Man Die In Order to Steal His Rolex

Posted By on Mon, Sep 28, 2009 at 12:01 AM

click to enlarge To die for?
  • To die for?
A jaw-dropping lawsuit filed last week in San Francisco Superior Court alleges an emergency room doctor abandoned his attempts to resuscitate a patient from cardiac arrest to instead pocket the dead man's valuable Rolex wristwatch.

The suit, filed by the adult children of Jerry Keith Kubena, Sr., alleges that Dr. Cleveland James Enmon on June 1 "formed the intent" to swipe the Rolex from Kubena's wrist while treating the man at St. Joseph's Medical Center in Stockton (as this is a subsidiary of San Francisco-based Catholic Healthcare West, the lawsuit was filed here).

After Kubena went into cardiac arrest, "Defendant Enmon assumed responsibility for resuscitating descendant [Kubena]," reads the suit. "Once defendant Enmon formed the intent to steal decedent's watch, he abandoned his efforts to resuscitate decedent, leaving decedent to die so that he would not be around to reclaim his watch."

According to the suit, Enmon's alleged theft was as clumsily executed as it was heartless:

The nursing staff assisting Enmon soon noticed that Kubena's flashy timepiece was missing; "Where is the wristwatch?" the suit quotes one as uttering. Two more nurses allegedly noticed a wristwatch-shaped bulge in the doctor's pocket. Security was called to investigate the disappearance. Defying security's orders, the lawsuit notes Enmon walked out of the operating room and into the parking lot -- a move caught on hospital security cameras.

A nurse claims she saw Enmon toss a small object into the grass; she subsequently led security personnel to that exact area and recovered the watch.

Last month, the suit continues, a San Joaquin County grand jury indicted the doctor for grand theft and a $25,000 bench warrant has been issued for his arrest. Yet Kubena's children claim the hospital failed to call the police -- something they were forced to do on their own. This accusation of negligence is one of six charges brought up in the suit: wrongful death; negligent hiring; negligent supervision; civil conspiracy; intentional infliction of emotional distress; and negligent infliction of emotional distress

In short, the doctor is being sued for obvious reasons and the entities that employed him are being blamed for wrongdoing in hiring such a man and their conduct following the alleged robbery. Disturbingly, Kubena's children claim that, due to the investigation surrounding the missing watch, they were unable to grieve at his bedside following his death. The plaintiffs allege they were kept in the dark about their father's death for more than an hour, during which time the defendants supposedly cooked up a plan to cover up Enmon's alleged theft. In fact, it was Enmon himself who was sent to tell the family of Kubena's death. The suit claims that 11 days passed before a confidential source told the family of Enmon's alleged wrongdoing.

The suit, incidentally, does not disclose the value of Kubena's "Presidential Rolex" -- but it's safe to say it was worth several thousand and perhaps several dozen thousand dollars.

Sadly, if Kubena were wearing a Timex, his heart might still be ticking today.

H/T   |   Courthouse News

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About The Author

Joe Eskenazi

Joe Eskenazi

Joe Eskenazi was born in San Francisco, raised in the Bay Area, and attended U.C. Berkeley. He never left. "Your humble narrator" was a staff writer and columnist for SF Weekly from 2007 to 2015. He resides in the Excelsior with his wife, 4.3 miles from his birthplace and 5,474 from hers.


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