The partial restitution will go to the parents of 4-year-old Yoni Gottesman, who died at a Cathedral Oaks summer camp
By Lara Cooper, Noozhawk Staff Writer | Published on 11.05.2009

Six months after a jury ruled that more than $16 million in damages be awarded to the parents of 4-year-old Yoni Gottesman, who drowned at a local athletic club, former club owner Richard Berti will pay $1.5 million of the punitive damages to the family.

Judge Thomas Anderle entered the final judgment in the case Monday, and the ruling serves as a partial restitution of the jury verdict, in which $13.9 million in compensatory damages also was awarded.

Yoni drowned in the swimming pool of Cathedral Oaks Athletic Club in August 2005, on his first day of summer camp.

Video from a security camera at the club showed Yoni being repeatedly dunked in the pool by a lifeguard and then was left alone to float face down in the pool for eight minutes.

His parents, Oded and Anat Gottesman, sued the club, its management company and several club managers.

“Shortly after Yoni died, Berti began orchestrating the fraudulent conveyance of his assets, intending to avoid having to pay personally for his misconduct,” Barry Cappello, one of the attorneys representing the Gottesmans, said in a statement released Monday. “Having judgment entered on this portion of the case finally has closed this sordid chapter surrounding the willful misconduct in the death of Yoni Gottesman, and the attempt by Berti to hide his assets after Yoni’s death.”

“We are suffering Yoni’s loss day by day,” Oded Gottesman said. “We’re here today because Berti’s operation took Yoni’s life.”
The statement said the family intends to use the money they receive to increase pool safety awareness and drowning prevention through The Yoni Gottesman Foundation.

— Noozhawk staff writer Lara Cooper can be reached at lcooper@noozhawk.com.