Bruce A. Broillet

Broillet had a wealthy client with a celebrated name as a plaintiff suing an upscale defendant over the death of her equally affluent and prominent son, and that was going to be a problem. Katherine "Kitty" Keck accused the tony Bel-Air Bay Club of negligence after philanthropist William M. Keck III was overcome with heat exhaustion and died during a 2017 paddle tennis tournament there.

"There was a lot of talk during jury selection about, 'Isn't this just the rich suing the rich?'" said the name partner at Greene, Broillet & Wheeler.

On the other hand, to balance that dismissive view of the litigation, there was another prospective juror who mentioned the good works associated with the Keck name nationwide, Broillet said. The decedent was the 48-year-old son of commercial real estate broker William M. Keck II, who was on the board of the W.M. Keck Foundation, supporting the Keck School of Medicine at the University of Southern California, the W.M. Keck Observatory in Hawaii and the "Sesame Street" educational television program. The family fortune originated with William Keck Sr., the founder of Superior Oil Co., now part of ExxonMobil.

Keck died from heart problems due to heat exhaustion. Broillet showed the club staff failed to call 911 or administer proper first aid for more than three hours after he showed symptoms.

Despite the difficulties associated with having a wealthy client seeking money in court, in December 2019 a Los Angeles County Superior Court jury awarded $12 million to Katherine Keck. Keck v. Bel-Air Bay Club Ltd., BC704134 (L.A. Super. Ct., filed April 30, 2018). The original $15 million verdict was reduced because the jury found Keck III 20 percent responsible for his own death. The sum included $2 million for past loss of love and $13 million for future loss of love. No economic damages were awarded because Katherine Keck did not rely on Keck III for support.

"What resonated with the jurors was when I pointed out that we all love our children," Broillet said. "They realized that even though my 74-year-old client might be in good shape financially, they couldn't penalize her for that. Mother and son were very close. I was able to show the jury video of Billy Keck a year or so before his death as he received an award for his work for a battered women's shelter. I was able to bring him to life in the courtroom.

Broillet said the case resolved after the verdict for a confidential sum to avert an appeal. "There has to be accountability in society. It's not just about money," he added.

-- John Roemer