Lawsuit On Behalf Of Gathers And His Son Against Westhead Is Dropped

PHILADELPHIA - After almost two years of examining depositions, lawyers agreed yesterday to drop a lawsuit alleging that Paul Westhead was negligent in the death of Hank Gathers, a basketball star at Loyola Marymount University.

Westhead was the coach at Loyola Marymount when Gathers, 23, collapsed during a game on March 4, 1990, and died shortly afterward of an inflamed and scarred heart.

"There is no evidence of individual liability on the part of Paul Westhead," Philadelphia lawyers Martin M. Krimsky and Adrian Moody said in a statement. Krimsky represents Gathers' estate. Moody represents Gathers' 8-year-old son, Aaron Kevin Crump.

The dismissal does not affect the $32.3 million wrongful-death suit filed against the university, Westhead and team doctors by Gathers' mother, Lucille, two brothers and an aunt. It is scheduled for trial Feb. 24 in Los Angeles.

Gathers collapsed three months before his death as a result of what was diagnosed as an irregular heartbeat. He was cleared by doctors to resume playing on medication a month later.

Gathers was the leading scorer and rebounder in college basketball in 1988-89. Westhead now coaches the Denver Nuggets.

"This is the first step toward having all charges against Westhead dropped," said Richie Phillips, Westhead's lawyer.