The Los Angeles Times from Los Angeles, California • Page 151

KtMS SECTION TUESDAY AUGUST 4, 1998 cctt Christian Science Healing Suit Dismissed HIGHLIGHTS METRO FOCUS Boy, 12, died of diabetes after spiritual cure was attempted. Appeals court cites religious freedom in upholding earlier ruling. fere with their own religious practices," Justice William W. Beds-worth wrote for the majority July 29 in Upholding the trial court's dismissal of the case. The three-judge panel also ruled that caretakers such as the mother, who was acting in the role of a baby-sitter, do not have the legal duty to seek traditional medicine to save a child's life when the parent already has decided otherwise, according to the decision.

"In the ordinary case, imposing such a duty would encourage babysitters to protect themselves from liability by seeking medical care whenever a child complained of an upset stomach, headache or slight fever, even though the parent, whose knowledge of the child's health and medical history is more comprehensive, had decided on a different Bedsworth wrote. In dissent, Justice William F. Rylaarsdam argued that Ruth Wantland assumed a duty of care toward Andrew when she undertook the role of baby-sitter. Whether she acted unreasonably in not seeking adequate medical care was a question of fact for a jury to decide, he wrote. Quigley, who was never con-Please see SUIT, B8 betes in 1992 after attempts to treat the disease through spiritual healing failed, according to court documents.

The child's parents were divorced and he lived with his father. His mother, Gayle Quigley, sued the church and Ruth Wantland, Andrew's paternal grandmother, who was taking care of the boy. Quigley alleged that both parties owed the child a duty to seek medical treatment to save his life. "Under those circumstances, imposing any duty upon Christian Science healers which require them to encourage patients to seek medical care would directly inter ByTHAOHUA TIMES STAFF WRITER A state appeals court, citing religious freedom guaranteed by the 1st Amendment, has upheld a lower court decision to throw out a civil lawsuit against the Christian Science Church over the death of a 12-year-old Orange County boy. In a 2-1 decision, a Court of Appeal panel in Santa Ana decided that Christian Science followers have a right to follow their belief in spiritual healing over mainstream medicine.

The decision stems from the death of Andrew Wantland of dia ACCIDENT: A train struck a van that was boxed in by morning commuters and could not get off the tracks in Anaheim. One motorist suffered neck and back pain. B3 SPOILED PARTY: Newly-weds and relatives celebrating at home in Garden Grove were robbed by several young men of nearly $40,000 in cash and jewelry, police said. B3 NUDE CLUBS: A bill by Assemblyman Scott Baugh that gives cities more ability to block new full -nudity dance clubs passed and now goes to Gov. Wilson.

B3 REVERSED: The 4th District Court of Appeals reverses insurance fraud and grand theft convictions of a cosmetologist and two plastic surgeons from a Westminster clinic. B3 San Joaquin Hills Officials May Transit: With ridership still below projections, increase is needed for corridor to meet its debts, a staff report says. 1 ON THE RECORD "Imposing any duty upon Christian Science healers which require them to encourage patients to seek medical care would directly interfere with their own religious practices." Justice William W. Bedsworth, in a state appeals court opinion upholding the throwing out of a civil lawsuit against the Christian Science Church over the death of a 12-year-old Orange County boy. Bl EDITORIALS By GEOFF BOUCHER TIMES STAFF WRITER Discount weekend prices on the San Joaquin Hills toll road failed to lure the hoped-for droves of drivers, so corridor officials are now mulling over a 25-cent toll hike to keep the privately funded project on track to meet its debts.

A key committee of the Transportation Corridor Agencies will meet this week to consider the price increase which would put the maximum toll at $2.25 and the agency's board may make a decision next week, officials said. The toll corridor lags 10 behind rider-ship projections established in 1997 and a full 25 off projections offered at the project's genesis in 1993. A toll hike is needed now to keep revenues on pace to pay off bonds in the decades to come, according to a recent staff report. Toll road officials had hoped that three recent weekends of discounted tolls, offered under a program sponsored by The Times Orange County Edition, would boost the number of drivers using the road and Saturday and Sunday drivers did increase by 14 under the $1 toll promotion. But that extra business fell short of the levels needed to embrace the weekend rates as a permanent customer incentive, a staff re-Please see TOLL WAY, B8 O.C.

PERSPECTIVE: The National Cancer Institute has granted UC Irvine $6 million to set up databases analyzing genetic links to the disease. The university has played an important role in this area of medical research. B6 MARK BOSTER Los Angeles Times Heraldo Ayala takes a water break in Monday afternoon's heat after digging a trench on Meandering Trail in Las Flores. Lottery Results For Monday, Aug. 3 FANTASY 5 UMMER DIMMER Winning Numbers: 28-29-32-33-38 DAILY DERBY Southland, West Baking Under Huge, Persistent Dome of Hot Air Power Use Another heat wave, and Southern California residents are pumping up their air conditioners.

Winning Hot Shot. (12) Lucky Charms. (1) Gold Rush. Race Time: 1:49.04 19,118 megawatts on Sept 4, 1997 DAILY 3 More than 18,500 megawatts 15,000 to 17,000 megawatts 4-9-7 Winning Numbers: 12,000 megawatts SEC Seeks Action Against Brokerage That Issued Bonds Record daily Average daily usage usage (summer) Average Estimated daily usage Monday (winter) usage ON THE WEB For current and past Lottery numbers, winners and other information, go to The Times' Web site at: Click on News, then click on California Lottery. BY PHONE Results in English and Spanish: (800) 225-6669 By JULIA SCHEERES and ELAINE GALE SPECIAL TO THE TIMES The fact that California is full of hot air may not come as a surprise to some folks, and this time there's a meteorological explanation.

Blame this week's heat wave on a massive dome of air at 18,000 feet that is steaming up as high pressure forces it to the Earth, said Wes Etheredge of WeatherData which provides weather information for The Times. The dome covers much of the West, he said, bringing unusually hot weather that will last until Thursday and is setting some records. In Orange County, the high of 93 degrees in Santa Ana tied a record set in 1997. That still wasn't the highest temperature in the county. The high hit 103 in Fremont Canyon in the southeastern part of the county and 96 in Anaheim.

El Toro hit 90 degrees. A benevolent sea breeze gave coastal regions in the county a respite from the heat. Newport Beach had a high of 75 and Dana Point's high hovered at 74, with Laguna Beach at 81. Some beaches, including San Clemente, were fogged in until late afternoon. "Even though it's foggy, there are quite a few people here at the beach because of the inland heat," said Lynn Hughes, marine safety captain for San Clemente.

Etheredge said he expects similar temperatures across Orange County today. Temperatures should start dropping by Wednesday as the high pressure weakens and the dome starts moving east. By Please see HOT AIR, B4 Note: Figures are for Southern California Edison's territory, which includes portions of Southern and Central California. Energy-Saving Ways to Keep Cool Use a fan; it costs a fraction of what it costs to run an air conditioner. Set the thermostat a few degrees higher when using an air conditioner.

Use the fan portion of the air conditioner or heating system to circulate air. Keep air-conditioning vents clear inside and outside the house. Draw blinds and drapes during the day to keep out the sun's warm rays. Install reflective film or solar screens on windows. Install insulation in the home.

Source: San Diego Gas Electric, Southern California Edison; Researched by JANICE JONES DODDSLos Angeles Times By JEAN O.PASCO TIMES STAFF WRITER Federal regulators charged brokerage Dain Rauscher Inc. and two of its former executives with fraud Monday for allegedly withholding critical information from investors who bought nearly $1 billion in municipal bonds issued before Orange County's 1994 bankruptcy. In its civil complaint, the Securities and Exchange Commission is seeking permanent injunctions against the firm and its former employees, plus unspecified fines. The injunctions would prevent them from breaking securities laws in the future and would make it easier to prosecute them if they did. The complaint is the latest in a string of federal enforcement actions stemming Please see BROKER, Bl INDEX Orange County Focus Weather B5 Air Quality B5 Editorials B6 Letters B6 Commentary B7 How to Reach Us B3 Los Angeles Times Throughout Life, El Toro Has Been His Base or many, the closing of the El Toro Marine Corps Air Station next July will be significant but I I Mill IIJIU I says about him.

Ciampa arrived at El Toro in early 1944, just two years after the urgency of war pressed the Marine Corps to shape the base's original 3,000 acres out of James Irvine's lima bean farm. Ciampa's life has remained tied there, the last 10 years as a major part of its Command Museum. leukemia. He also suffers from eye disease, which forces him to wear dark goggles to reduce the pain of daylight. But he energetically talks about the history of the base and the vintage airplanes on display there.

While showing us the historic planes, he gazed at the base's I 1 With the Marines under pressure to get fighter and dive bomber pilots to the Pacific during World War II, he explained, the intensity of the training at El Toro resulted in tragic accidents. "We'd come in during the morning and see black clouds from the airstrip, and we'd fear learning who had gone this time. Sometimes we were losing one a day." We had gone to see Ciampa because he's got his own role to play as the base prepares to close. Ciampa is one of 13 docents left at the Marine base's Jay Please see HICKS, Bl impersonal. We recognize its place in the county's history, but most of us have rarely been past its secured gates.

For a few, those like E. Roger Ciampa El Toro's closure will mean losing a piece of themselves. Ciampa taught and trained at El Toro during World War II and the Korean War. He went on to fly scores of missions in those wars. "A Marine's Marine, an Aviator's Aviator," a plaque displayed at the base in his honor JERRY HICKS Times MARK HOSIER Loe Angela airstrip.

We could see him wandering back five decades. "I lost a lot of friends there," he said. Last week, Times photographer Mark Boster and I spent a morning at the base listening to Ciampa reminisce. Now 77, he's battling crippling Ex-Marine pilot E. Roger Ciampa now a docent, stands before a Corsair.

He says of the base's 1999 closure: "It'll break my heart.".