By Ann McBride
Arizona Daily Wildcat
February 15, 1996
PHOENIX -A 10-person jury will begin its second day of deliberations today in the Spiegler vs. the State of Arizona $6 million civil court case.The trial, which is being heard by Maricopa County Superior Court Judge John Sticht, involves former University of Arizona student Stacey Spiegler, who had a heart attack at the Student Recreation Center in 1990. Spiegler and her mother claim the state and the university are negligent for not properly supervising and training Rec Center employees.
Closing arguments were delivered Tuesday, and the jury, composed of eight women and two men, met yesterday morning for about 21/2 hours before breaking for the day.
Spiegler suffered brain damage, which her attorneys said was directly attributable to employee negligence. Spiegler claims Rec Center employees did not properly assess her condition or perform cardiopulmonary resuscitation when she stopped breathing.
Attorney David Wenner said Spiegler went at least four minutes without oxygen while under the care of Recreation Center employees.
But, defense attorney Jack Redhair of Tucson said Spiegler was properly cared for by center employees, who correctly followed emergency procedures.
Redhair said at least eight people observed that Spiegler was breathing and had a pulse until the paramedics arrived, therefore eliminating the need for CPR. He said Spiegler quit breathing concurrently with the arrival of the paramedics. The paramedics administered CPR, and when Spiegler did not respond, they used defibrillation to revive her.
In his closing arguments, Redhair said it cost only $85 to file a lawsuit and this case presented Spiegler's attorneys with better odds for a large payoff than "shooting craps in Las Vegas."
David Wenner, of the Phoenix firm Snyder & Wenner, told the jury Tuesday the UA refused to accept responsibility for its actions and it failed to use the "reasonable care" definition of negligence.
He said professional staff members should be on duty at all times and the UA was unable to produce any evidence of employee CPR certification. Wenner said Spiegler was turning blue as she breathed in 40-second intervals, but employees did not know when to start rescue breathing.
He said he asked Stacey not to attend the trial's last day because he did not want to affect her optimistic outlook on life - the life, he said, that is marked by reading children's books and playing with Barbie dolls. Spiegler's mother cried and dabbed her eyes throughout the closing remarks.
Redhair told the jury Tuesday that according to the law, all the employees had to do was act reasonably. He said the staff followed emergency protocol and saved Spiegler's life. He said 95 percent of all people who suffer heart attacks outside of the hospital die.
Spiegler's heart condition is a dynamic disease that contributed to her unique symptoms, Redhair said. There is no way to know how long a person can go without oxygen before brain damage occurs, he said.
Spiegler was riding a stationary bicycle when she had the heart attack. She had been diagnosed in 1989 with hypertrophic cardio-myopathy, a congenital condition represented by a thickening heart muscle and had been told by doctors to avoid strenuous exercise.
Her father died at 20 of what is suspected to be the same condition, according to court records.
Wenner told the jury to consider awarding Spiegler $655,839 for lost wages, $3.62 million for medical care and rehabilitation, and an additional $2 million for pain and suffering, plus an unspecified amount to compensate her mother for loss of companionship and her pain and suffering. In this case, only seven jurors must agree whether the plaintiff is entitled to damages.