The rejection of criminal charges in the case of a woman who died after taking part in a radio show's water-drinking contest is not “particularly relevant” to whether her family can collect punitive damages, a California judge has ruled.

Sacramento County prosecutors announced April 2 that they would not be filing charges against radio station KDND and the disk jockeys involved in the “Hold Your Wii” stunt, which offered a video game system to the contestant who drank the most water without going to the bathroom. Jennifer Strange, 28, died of water intoxication after drinking nearly two gallons.

“Based on the evidence, no duty or special relationship existed or was created between the radio station and/or its employees because of the contest,” District Attorney Jan Scully said in a press release.

One of the DJs, Adam Cox, cited that decision in a motion to strike the punitive damages claim from the wrongful-death suit filed by Strange's family. “[P]laintiffs have made no allegation that Cox deliberately tried to harm Jennifer Strange” or acted knowing that “injury was the 'probable outcome' of his conduct,” he said in a brief.

But Sacramento County Superior Court Judge Loren E. McMaster denied the motion last week, finding the plaintiffs had alleged “despicable conduct and conscious disregard for the decedent sufficient to support a claim for punitive damages” and

The fact that criminal charges were not pursued is neither dispositive nor particularly relevant.

What McMaster did find relevant in his order is perhaps the most damning evidence asserted by the Strange family against Cox and the other DJs -- “defendant's advanced knowledge that death could occur from the contest and the nature of the comments made by the on-air personnel during the contest.”

While on the air, the DJs discussed the death of a Northern California college student in a hazing incident as a result of water intoxication. They also received a phone call from a nurse who warned them, “Those people that are drinking all that water can get sick and possibly die from water intoxication.”

Despite that warning, the contest proceeded, with Strange finishing in second place and the hosts joking about her distended stomach.

In the motion to strike, Cox said there was no case for punitives because the plaintiffs only alleged that he “generally failed to investigate the consequences of drinking too much water.”

“[T]here can be no punitive damage liability for conducting the contest without knowing the specific details of [water intoxication],” he argued.

The plaintiffs countered in an opposing brief that, “By any plain reading of the complaint, Plaintiffs allege Cox knew in advance that ingesting large amounts of water in a short time could result in injury or death.”

DA Scully did not mention the hosts' discussion of the hazing death or the nurse's phone call in declining criminal prosecution.