A Los Angeles judge has entered a $4 million wrongful death judgment against former NFL linebacker Shawne Merriman and three other defendants over the 2017 death of Kimberly Fattorini, according to court records reported by TMZ. The outlet said a Los Angeles judge entered the judgment on October 5.
The order also names nightclub promoter Elias Wehbe, J.P. Castro and Monica Maass. The award is for Fattorini’s parents, DeAnn and Ferdinand, who brought the wrongful death lawsuit in July 2019.
The family challenged the account of their daughter’s final hours after a night out in Hollywood. Their case relied partly on text messages that they said showed she had been given a drug without her consent.
Fattorini was 30 when she died in July 2017. The coroner attributed her death to the combined effects of alcohol, cocaine and gamma-hydroxybutyrate, or GHB, and classified it as accidental. The judgment concerns civil liability and no criminal charges have been reported in connection with her death.
Nightclub Defendants Were Not Ordered to Pay Damages
The Highlight Room, Tao Group and The Warwick were among the businesses that prevailed, according to TMZ. They were not ordered to pay damages to the family under the reported judgment.
The case went before a jury in 2025. The publicly indexed Los Angeles Superior Court docket lists verdict filings in September, followed by objections to proposed judgments from Merriman, Wehbe and nightclub defendants in October.
Fattorini Worked in Casting and Modeled Before Her Death
Kimberly Fattorini was young, independent, and stepping into L.A.’s nightlife on her own terms. But beneath the surface of VIP parties and bright lights, danger was waiting.
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Fattorini worked for Playboy Plus, the company’s broadcasting and digital division, while also modeling and taking promotional jobs. She had studied business administration and economics at Whittier College, which recognized her as an Outstanding Student in 2009, according to K.J. Yossman’s 2020 ELLE investigation.
On July 20, she attended The Highlight Room’s opening celebration with Maass. The family’s complaint described an after-party at Wehbe’s home, where Merriman and Castro joined them, followed by a trip to Maass’s West Hollywood apartment. Fattorini was found unresponsive there the following afternoon. Maass called 911, and emergency responders could not revive her.
The Family Cited Text Messages, While Defendants Disputed Their Account
One message attributed to Fattorini was sent to Wehbe after Merriman arrived at his home. It read, “But Your friend just poor’d half G in my drink.” The complaint identified “G” as GHB and alleged that Merriman had put it into her drink.
Other messages became difficult to decipher. Her parents argued that the exchanges, together with communications among other attendees, raised questions about what people knew about her condition and when they sought help.
The family also questioned the absence of a sexual assault examination. Their complaint alleged that the initial assumption that no foul play had occurred contributed to the lack of testing.
In 2019, Merriman’s representative called the lawsuit “baseless” and said investigators had found no wrongdoing by him, according to NBC Sports.
Wehbe denied supplying drugs and said Fattorini appeared coherent when she left his home. Maass separately argued that selected messages had created a misleading account.
Los Angeles County Sheriff’s homicide Lt. Robert Westphal told ELLE in 2020 that investigators had closed the case in September 2017, citing the accidental-death ruling and a lack of evidence supporting another conclusion.
A Bankruptcy Appeal Allowed the Parents to Pursue Their Lawsuit
Merriman had filed for Chapter 13 bankruptcy in November 2018, before the parents sued. That filing triggered an automatic stay restricting litigation against him, but the Fattorinis had not received notice of the bankruptcy.
They submitted their complaint shortly before the filing deadline and learned about the bankruptcy days later. Their lawyers then sought retroactive permission to proceed so that the lawsuit would remain valid.
The bankruptcy court granted that request, and the Ninth Circuit Bankruptcy Appellate Panel affirmed the decision on July 13, 2020. The panel upheld the consideration given to the family’s lack of notice, the approaching deadline and the benefit of resolving the claims together in state court.
The decision addressed permission to litigate, without deciding whether the allegations were true. The order also required further bankruptcy-court authorization before the parents could enforce any eventual judgment against Merriman.
Wehbe’s Pretrial Motion Focused on His Own Conduct
Wehbe later sought summary judgment, arguing that he had not provided drugs, put anything into Fattorini’s drink or physically harmed her.
In a February 28, 2023, tentative ruling, Judge Mark A. Young concluded that those denials did not adequately address the parents’ allegation that Wehbe had participated in a common plan with other defendants. The proposed ruling called for denying his motion.
At that stage, the question was whether the claims could be resolved without a trial. The court was not finding that the alleged conspiracy had been proved. The document also noted that the family had already dismissed its Drug Dealer Liability Act claim against Wehbe, leaving battery and negligence claims against him.
Holly Madison Examined the Case on The Playboy Murders
Fattorini’s story reached television audiences before the jury proceedings. “Last Dance,” the opening episode of The Playboy Murders‘ third season, premiered on May 5, 2025, according to the episode listing.
Holly Madison, the Investigation Discovery series’ host and executive producer, discussed the case while promoting the season. Speaking to Extra, she said, “My personal opinion, it was more than just a drug overdose.”
Madison also recalled speaking with people who had worked alongside Fattorini on promotional assignments in Las Vegas. They remembered her as dependable and organized, the colleague who “had it the most together.”