Ex-NFL Star Merriman Faces Legal Battle Over Playboy Model's Overdose Death
A co-defendant is appealing a $4 million judgment tied to the 2017 death of Kimberly Fattorini.
A nightclub promoter is challenging a court order that mandates he and other defendants, including former NFL player Shawne Merriman, pay $4 million in connection with the overdose death of a former Playboy model.
Elias Wehbe, one of the co-defendants, is appealing the judgment, arguing that it is improper and that the evidence presented during the trial was insufficient to support the ruling. The lawsuit was filed in 2019 by the family of Kimberly Fattorini, who died in 2017 after a night out with Merriman.
Fattorini's family accused Merriman of drugging and sexually assaulting her before her death from an overdose. According to court documents, Fattorini texted Wehbe during an afterparty, stating, "you friend just poor'd half G in my drink." Her death was officially ruled an accident, with an autopsy revealing traces of alcohol, cocaine, and GHB in her system.
Merriman, who played for the San Diego Chargers, has consistently denied any wrongdoing. At the time the lawsuit was filed, a representative for Merriman stated, "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."
A Los Angeles jury found Merriman, Wehbe, JP Castro, and Monica Maass liable for Fattorini's death in a 2025 ruling. All four defendants have denied any wrongdoing.
The lawsuit, filed in Los Angeles County, alleged that Merriman arrived at Wehbe's house where Fattorini and other women were present. A witness reportedly stated that Merriman was holding a bottle of liquid, and Fattorini later texted Wehbe about her drink being spiked. The group subsequently moved to another apartment, where Fattorini's friend discovered her unresponsive and called 911.
Paramedics found Fattorini partially undressed upon their arrival, with her jeans unzipped and unbuttoned, her bra twisted, and her lips blue. The complaint noted that she was not wearing underwear despite being on her menstrual cycle. The lawsuit further claims that Merriman left the scene between the time the 911 call was made and the paramedics' arrival, with one account suggesting he expressed concern about media attention due to his celebrity status.