A nightclub promoter is seeking to overturn a $4 million judgment linked to the death of former Playboy model Kimberly Fattorini, in a case involving ex-NFL player Shawne Merriman.
Elias Wehbe has asked the court to set aside the judgment, arguing that it was not properly entered and that the evidence presented at trial was insufficient to support it.
The award holds Wehbe, Merriman, J.P. Castro and Monica Maass responsible for the $4 million sum. Merriman has not yet filed a response to Wehbe’s challenge.
Fattorini’s family brought the wrongful-death lawsuit after she died in 2017 following a night out with Merriman.
The family alleged that Fattorini had been drugged and may have been sexually assaulted. The lawsuit claimed she died from an overdose.
It also alleged that Fattorini had texted Wehbe from an after-party: “you friend just poor’d half G in my drink”.
Her death was ruled accidental. Alcohol, cocaine and GHB, which is commonly known as the date rape drug, were found in her system.
Merriman denied any wrongdoing at the time. A representative for the former NFL star said: “This alleged lawsuit is baseless. Shawne attended an after-party more than two years ago where a young woman unfortunately overdosed. The police thoroughly investigated and found no wrongdoing whatsoever by Shawne.”
Wehbe’s latest filing now puts the $4 million judgment under challenge.
