Mother drops suit against Costa Mesa

A mother who accused Costa Mesa police and paramedics of negligence when they arrested her son on suspicion of DUI, when he actually was suffering a fatal brain aneurysm, has dropped her lawsuit against the city.

Dolores Foley, mother of Richard Donald Kurtz, earlier this month filed a motion to dismiss her wrongful-death lawsuit against Costa Mesa, court documents show.

Kurtz died Sept. 4, 2007, in Hoag Memorial Hospital Presbyterian.

Three days earlier he had been arrested for allegedly driving under the influence of drugs by Costa Mesa police after a person reported seeing Kurtz driving erratically, according to the lawsuit.

Court documents show Kurtz was pulled over by police and given a Breathalyzer at the scene.

His blood-alcohol level came out .00. He was arrested after failing a field sobriety test and telling police he took pain medication earlier in the day — which Foley claims was probably for the undiagnosed aneurysm.

Kurtz collapsed in the police holding cell and failed to respond to an officer’s command.

Police called paramedics, who rushed him to Hoag Hospital.

He died three days later.

Foley’s suit was seeking unlimited damages and claimed that a reasonable person would’ve seen the warning signs of her son’s condition.

Police should not have arrested him, and paramedics should have gotten him to the hospital sooner, she argued.

City Atty. Kimberly Barlow said there was no merit to the suit, and that’s why Foley dropped it.

Foley’s lawyer was not immediately available for comment.

Defending the suit did not cost Costa Mesa anything, Barlow said.