Judge Dismisses All But One Claim in Tracy Hottenstein Case

SEA ISLE CITY—Tracy Hottenstein was athletic, a marathon runner. When not working as a pharmaceutical representative she played Lacrosse. In Feb. 2009 she and a few friends left Pa. for the Jersey shore to watch the Polar Bear Plunge held in Sea Isle City. Later, they celebrated at a local tavern. Sometime during the evening, according to her friends, she left the bar with a bald headed man. She did not take her purse, phone or jacket.
Hottenstein’s friends never saw her alive again. A passing fisherman spotted her body face up in the shallows off a local municipal boat ramp. He called 911. Three policemen responded. They checked for a pulse. They called for an ambulance. Sometime before the EMTs arrived the police declared the area a crime scene.
When members of the Sea Isle Ambulance Corps arrived they were forbidden access to Hottenstein. Dr. Zaki Khebzou was telephoned and, without examining her or having the EMTs on site examine her, Khebzou pronounced Hottenstein dead at 8:22 a.m. Although she had broken ribs and bruising, the cause of death was ruled accidental.
Her grieving parents filed a complaint in Federal Court in 2011 against Sea Isle, the three police officers, Thomas McQuillen, Vincent Haugh and Harold Boyer, the ambulance corps and the assistant chief, Phyllis Linn, and Dr. Khebzou.
On Oct. 11, Federal District Court Judge Joseph Irenas wrote that, in his opinion, Hottenstein may not have been dead after all. “Two experts, upon review of the facts and circumstances of the case, concluded that severe hypothermia may manifest symptoms that look akin to death.” This condition mimics death and makes a pulse difficult to detect. New Jersey law requires professional medical personnel to examine the person and make the determination. This did not happen in the Hottenstein case.
Irenas went on to dismiss the suit against all but the doctor. “The facts produced in discovery do not provide grounds for granting Khebzou summary judgment on any of these claims,” the judge wrote.
He continued, “The plaintiffs have produced sufficient evidence in discovery to suggest that Khebzou’s behavior may constitute negligence increasing Tracy’s risk of harm.” The suit against the doctor could proceed.
The death of Tacey Hottenstein raised many disturbing questions at the time. Kathleen Bresan, long time Chair of the Cape May County Advisory Commission on the Status of Women was very concerned about the implications of the case. Bresan was Chair until this month when her term ended. “I have been following the Tracy Hottensein case since Feb. 15, 2009,” Bresan said. “This is one of many suspicious unsolved female deaths within this county.”
Bresan said she thought many red flags were raised by the case including Hottenstein leaving so many belongings, her reported fear of the water, her leaving the bar with a strange man and many other oddities. Bresan recalled the unsolved Susan Neggersmith case. “Another young woman whose death was originally ruled accidental only later to be ruled a homicide. And it’s still unsolved.” Bresan hopes that towns and even private establishments will do more to tell young women down the shore for a good time to be aware of surroundings and alcohol intake and always travel with a friend and not alone. “And have a buddy look out for you so we can avoid such tragedies as this.”