Court Rejects Former Entercom Employee's Bid To Get Company To Pay Legal Fees In 'Wee For A Wii' Lawsuit
September 5, 2013 at 3:59 AM (PT)
A CALIFORNIA appeals court has rejected a claim by former ENTERCOM Top 40 KDND (107.9 THE END)/SACRAMENTO morning show assistant MATTHEW CARTER that the company owes him legal fees for his defense against charges brought by the family of the woman who died in the "Hold Your Wee For A Wii" contest in JANUARY 2007, reports COURTHOUSE NEWS SERVICE.
After JENNIFER STRANGE's family sued ENTERCOM and several employees, including CARTER, whose role in the incident was limited to handing out water bottles to contestants, CARTER initially asked ENTERCOM's insurer VIGILANT INSURANCE CO. to defend him. However, he then chose to reject that representation and use his own attorney instead. He was dropped from the case, and then his attorney filed an $807,421 bill to ENTERCOM's insurer; ENTERCOM contended that it owed no more than $1,690 for legal fees incurred before CARTER initially agreed to be represented by VIGILANT.
A Third Appellate District panel said that CARTER did not have an "absolute right to counsel of his own choosing" under state law, and rejected CARTER's contention that he had to get his own counsel because VIGILANT has a conflict of interest because it would have to defend him against both homicide charges and punitive damages.