(CN) – An emergency room doctor let a man die of a heart attack so he could steal the Rolex off his wrist, the man’s children say. When the doctor “formed the intent to steal decedent’s watch, he abandoned his efforts to resuscitate decedent, leaving decedent to die so that he would not be around to reclaim his watch,” according to the complaint in San Francisco Superior Court.
Dr. Cleveland Enmon was the emergency room doctor at St. Joseph’s Medical Center in Stockton, when Jerry Kubena Sr. was taken there by ambulance in June, according to the complaint from his children, Jerry Kubena Jr. and Karie Nelson.
The plaintiffs say Dr. Enmon noticed Kubena’s Presidential Rolex, and when their father had a heart attack, Enmon abandoned efforts to resuscitate him “so that he would not be around to reclaim his watch.”
The complaint states: “At some point in the course of treating decedent, defendant Enmon formed the intent to take the Presidential Rolex wristwatch from decedent and to permanently deprive him of said wristwatch and to keep the wristwatch for his own personal use.
“Plaintiffs are informed and believe and on that basis allege that decedent went into cardiac arrest. Defendant Enmon assumed the responsibility of resuscitating decedent. Once defendant Enmon formed the intent to steal decedent’s watch, he abandoned his efforts to resuscitate decedent leaving decedent to die so that he would not be around to reclaim his watch.”
The complaint claims that nurses assisting Enmon “noticed that the wristwatch was missing, one of the nurses asked, ‘Where is the wristwatch?’ Two nurses noticed that defendant Enmon had a bulge in his pocket that appeared to be shaped like a wristwatch. When no one responded and the watch did not turn up, defendant St. Joseph’s security personnel was called to investigate the missing watch. All staff were ordered to remain in the emergency room area so that they could be questioned about the missing watch. Defendant Enmon defied these orders, left the emergency room area and walked outside to the parking lot area.”
One nurse followed Enmon, and saw him “reach into his pocket, retrieve something and throw it into a grassy area,” according to the complaint. The nurse told security personnel what she had seen, walked with them to the grassy area, and “bent over and retrieved decedent’s Presidential Rolex from the grass,” the complaint states.
Kubena’s children say they were not allowed to grieve by their father’s bedside because of the investigation, and accuse defendants of negligence for not calling police.
Named as defendants are Dr. Cleveland James Enmon, Apexx Physicians Medical Corp., St. Joseph’s Medical Center, Catholic Healthcare West, and Michael R. Ricks, an “authorized agent” of St. Joseph’s.
Kubena’s children say they contacted police themselves, and Enmon was indicted by a San Joaquin County Grand Jury on charges of stealing the wristwatch. They say a $25,000 bench warrant has been issued for his arrest.
They seek punitive damages for wrongful death, conspiracy, negligence, emotional distress, pain and suffering and medical expenses.
They are represented by Jeffrey Silvia of Stockton.