A federal jury ruled in favor of Southwest Memorial Hospital and an emergency medicine doctor after a civil trial over the death of Kelroy Newman five years ago in the Montezuma County Detention Center.
After a seven‑day trial in federal court in Denver, jurors found that the hospital and Dr. Randy Gene Davidson were not liable for negligence or violations of federal emergency treatment law in connection with Newman’s death.
Newman, 30, was arrested in July 2021 by the Cortez Police Department on a warrant for misdemeanors. He died about a day after being booked in the Montezuma County Detention Center, where his estate alleges complications from alcohol withdrawal went untreated and were preventable.
The verdict means the jury did not award damages to Newman’s estate, filed by family members on his behalf. The court clerk entered final judgment in favor of the defendants and closed the case on Feb. 20.
The case stemmed from Newman’s July 2021 death, which occurred about 26 hours after he was arrested and booked into the county jail in Cortez. At the time of his arrest, his blood alcohol level measured 0.421.
Newman’s loved ones, including his mother Bryanne Watts‑Lucero and friend Elisa Wilson representing her and Newman’s child, a minor referred to as J.W., filed the lawsuit in 2022. Attorneys argued his death was preventable and sought punitive damages, attorney fees and other relief listed in the amended complaint.
Initial filings argued that jail staff and medical providers failed to adequately evaluate or treat him.
According to court records, Newman arrived at the jail with visible injuries to his face. He was evaluated and cleared by medical providers, but his condition worsened with symptoms of alcohol withdrawal, including vomiting and periods of unconsciousness.
Montezuma County commissioners, Sheriff Steven Nowlin and two deputies were originally sued. The case involved years of filings and attorney motions.
Ahead of the Feb. 9 trial, the sheriff and commissioners settled the case through outside attorneys hired by insurers.
County Attorney Stephen Tarnowski updated the board of commissioners Tuesday.
“The county was not part of the trial that went on. We had reached an agreement though outside counsel, and the jury did not find any fault with the hospital, who had continued on to the trial,” he told the board.
Terms of the settlements have not been disclosed, though The Journal has requested county records.
According to earlier court filings, jail policy required detainees with blood‑alcohol levels above 0.20% to receive medical clearance at Southwest Memorial Hospital before being taken back to jail.
Newman was transported to the hospital after his arrest, where Davidson examined him and cleared him to return to the jail.
The lawsuit alleged Newman later experienced worsening symptoms, including vomiting and headaches, while in custody and requested to return to the hospital. In an early complaint, his attorneys argued he was not properly monitored or treated for alcohol withdrawal before he was found unresponsive in his cell the next day.
Newman was pronounced dead about 40 minutes after jail staff attempted lifesaving efforts and EMTs arrived to perform CPR, according to an amended complaint.
The jury trial, which began in Denver, included testimony from Nowlin, other law enforcement officials and doctors, including Davidson.
During the trial, jurors were asked to consider two claims: whether Davidson was negligent and whether the hospital violated the federal Emergency Medical Treatment and Labor Act of 1986. The jury said “no” to both questions.
Tarnowski told commissioners that because the jury found no fault with the hospital or physician, jurors did not consider questions about potential fault involving the county.
U.S. District Court Chief Judge Philip Brimmer presided over the case.
awatson@the-journal.com
