One of the co-defendants in the case of the death of a former Playboy model is fighting a ruling that would order him and his fellow defendants – including ex-NFL star Shawne Merriman – to pay millions.
According to TMZ, nightclub promoter Elias Wehbe is appealing to the court after he was ordered to pay $4 million for the death of ex-Playboy model Kimberly Fattorini.
Wehbe claims the judgement ‘is not proper and that the evidence presented in the trial was insufficient to support the judgement entered,’ according to the outlet.
Fattorini’s family filed the suit in 2019 against Wehbe, Merriman and others after she died in 2017 following a night out with the former San Diego Chargers star.
Her family accuses Merriman of drugging and sexually assaulting Fattorini before she died from an overdose.
The suit claims Fattorini texted the promoter, ‘you friend just poor’d half G in my drink’ at an afterparty.
One of the defendants in the death of former Playboy model Kimberly Fattorini is appealing the judgement against him that ordered him and three other defendants to pay $4 million
The defendant was one of four people – including ex-NFL star Shawne Merriman (pictured) – ordered to pay Fattorini’s family the award after the defendants lost a wrongful death suit
Her death was ruled accidental. An autopsy found traces of alcohol, cocaine and GHB – known as the ‘date rape drug’ – in her system.
Merriman has denied allegations of wrongdoing throughout the process.
At the time the lawsuit was filed, a representative for the former pass rusher said: ‘This alleged lawsuit is baseless. Shawne attended an after-party more than two years ago where a young woman unfortunately overdosed. The police thoroughly investigated and found no wrongdoing whatsoever by Shawne.’
In a 2025 ruling, Merriman was found liable for Fattorini’s death along with co-defendants Wehbe, JP Castro and Monica Maass. All four defendants have denied any wrongdoing. The Daily Mail has sought comment from Merriman’s attorney.
A sexual assault test was not conducted and although a coroner found contusions on her body, no photographs of the bruises were taken, according to that 2019 lawsuit filed in Los Angeles County and obtained by The Daily Mail.
That lawsuit also described Merriman arriving at Wehbe’s house, where Fattorini and other women were socializing. A witness said Merriman was clutching a bottle ‘filled with liquid,’ according to the complaint, which claimed Fattorini later texted Wehbe to tell him her drink was spiked.
The group would move on to another apartment, where Fattorini’s friend ultimately discovered her lifeless body and called 911.
Paramedics found Fattorini nearly undressed when they arrived, according to the complaint.
Merriman, who played for the Chargers in the past, maintains his innocence
‘She was half-naked with her jeans unzipped and unbuttoned, as though someone had tried to pull her jeans on to her body before the police or paramedics arrived,’ read the complaint.
‘Her bra was twisted and her lips were blue. She was also not wearing any underwear despite the fact that she had been going through her menstrual cycle that day and the evening before.’
Merriman was somehow able to leave between the 911 call and when the paramedics arrived, according to the complaint.
‘Maass also stated that after moving [Fattorini] to the floor, Merriman stated that he was very concerned about the media attention the incident might create since he was a celebrity, so he told Maass he had to leave. Somehow, under Maass’ version of events, Merriman escaped without being seen between the time the 911 call started and the time the paramedics arrived.’
