SEA ISLE CITY – The parents of a Pennsylvania woman who died after attending a Polar Bear Plunge in Sea Isle City are seeking to prove in court she may have been alive when first responders pronounced her dead without examining her, NJ.com reports.
According to previous Herald reports, a passing fisherman spotted Hottenstein’s body face up in the shallows off a local municipal boat ramp Feb. 15, 2009, hours after she’d spent a night out at a local tavern with friends.
Hottenstein’s parents filed a complaint in Federal Court in 2011, alleging negligence, against Sea Isle City, police, ambulance corps and Dr. Zaki Khebzou, who pronounced Hottenstein dead at 8:22 a.m.
Federal District Court Judge Joseph Irenas dismissed the suit against all but the doctor Oct. 11, 2013.
“The plaintiffs have produced sufficient evidence in discovery to suggest that Khebzou’s behavior may constitute negligence increasing Tracy’s risk of harm,” the judge wrote.
The trial instead will focus on the actions of the trauma team that responded to the scene and Dr. Khebzou, according to the report.
Jury selection is expected to begin Wednesday in U.S. District Court in Camden.
Attorneys for the doctor and the hospital didn’t respond to NJ.com’s requests for comment.
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