A lawsuit alleging the owner of a Sacramento radio station is liable for a woman's death after a water-drinking contest goes to trial this week with the defense planning to argue that Jennifer Strange was aware of the contest's dangers, even conducting a “practice run” to see how much water she could drink.

Jennifer Strange

“The facts show that Ms. Strange knew at least as much as the Defendants, if not more, about the dangers of drinking water,” Entercom Sacramento says in its trial brief. “As such, should the jury find Defendants liable, a key issue in this case will be the role that Ms. Strange voluntarily played in her own tragic death.”

If the jury finds Strange was comparatively negligent, that would reduce the amount of any damages award to her husband and three minor children. They are seeking at least $1.1 million in economic damages and unspecified emotional distress damages in a much-anticipated trial scheduled to start with jury selection Sept. 8.

Strange, 28, died Jan. 12, 2007 of water intoxication, or hyponatremia, after drinking more than 1.5 gallons of water while taking part in a "Hold Your Wee for a Wii" contest. The "Morning Rave" show on Sacramento's KDND station, which is owned by Entercom, offered a new Nintendo Wii video game system to the contestant who drank the most water without going to the bathroom.

The show's hosts “were given free rein to do as they pleased, so long as ratings stayed high,” the plaintiffs' trial brief says. “That is why Jennifer Strange died; not because of an oversight, but because Entercom cared about ratings, not risk.”

A court document shows Strange's heirs previously settled their claims against the hosts and other KDND employees for $100,000. The remaining defendants are Entercom and its vice-president and market manager, John Geary.

As evidence of contributory negligence, Entercom says a KDND receptionist will testify that she received a phone call in which a co-worker of Strange's, Kerry Carnes, said she “had warned [Strange] repeatedly” about the dangers of drinking too much water.

Despite those warnings, the defense says, “Ms. Strange conducted a 'practice run' the day before the Contest to see how much water she could drink and hold.”

Strange also signed a liability waiver, which, according to the trial brief, “echoed the warnings that she had already received about the Contest,” and “openly discussed” the dangers of water drinking with other contestants. She chose to remain in the contest “even after she, like other contestants present, saw several other contestants get sick and drop out.”

Any attempt to shift the blame to such a sympathetic victim could backfire on the defense. And the plaintiffs appear to have a strong case that, as their trial brief puts it, “this is a case of aggravated, 100% liability as to Defendants.”

In devising the contest, the KDND promotions director said contestants would be given one 8-ounce bottle of water to drink every 15 minutes. But the plaintiffs say the show hosts ignored that “most critical" rule, increasing the contestants' intake to 8 ounces every 10 minutes and, after the contest began, doubling the size of the bottles to 16 ounces.

“These off-the-cuff, ill-considered changes,” the plaintiffs argue,

served only one purpose: sheer entertainment value. These actors wanted to create "good radio." To the Morning Rave, "good radio" meant edgy, risky, exciting, even dangerous radio. A contest where adults might soil themselves just to win a video game? Might vomit publicly? Might be embarrassed and humiliated in the most personal and unhygienic of ways? How marvelous! How cutting edge! How captivating!

According to the plaintiffs, the DJs also knew that a college student in nearby Chico, Calif., had died of water intoxication in 2005 and, during the broadcast itself, a listener called in to warn them of the dangers of the contest.

Three contestants also sued Entercom, alleging they have developed health problems -– including an irrational fear of water -– as a result of taking part in the contest. Their cases have been consolidated with the Strange family's for trial.