A $176 Million Verdict for Negligence and Malice

Rebecca Grossman and Scott Erickson Found Liable for $176M Wrongful Death Award

A Los Angeles jury awarded $176 million on Wednesday to the parents of two brothers killed in a 2020 hit-and-run, finding socialite Rebecca Grossman and former MLB pitcher Scott Erickson negligent. The civil verdict follows Grossman’s 2024 criminal conviction for the deaths of 11-year-old Mark and 8-year-old Jacob Iskander.

A $176 Million Verdict for Negligence and Malice

After an eight-week civil trial, a Los Angeles County jury determined that both Rebecca Grossman and Scott Erickson were responsible for the deaths of Mark and Jacob Iskander. The brothers were struck by a vehicle while crossing a street in Westlake Village on the evening of September 29, 2020. According to reporting by the Associated Press, the jury awarded $176 million in damages for wrongful death and emotional distress.

The jury’s decision was broken down into specific compensatory awards: $59 million for the loss of Mark, $48 million for the loss of Jacob, $35 million to mother Nancy Iskander for emotional distress, and $34 million to the boys’ younger brother, Zachary, for emotional suffering, as detailed by The Guardian. Beyond the compensatory damages, the jury also found that both defendants acted with malice, a determination that sets the stage for a second phase of the trial to consider punitive damages.

The trial proceedings, overseen by Los Angeles County Superior Court Judge Joseph Brandolino, included extensive testimony regarding the conduct of both drivers. Attorneys for the Iskander family presented evidence suggesting the defendants were engaged in a high-speed driving exhibition that transformed a public street into a hazard. The jury’s finding of malice implies a level of reprehensible conduct that exceeds simple negligence, clearing the legal threshold necessary for the jury to now consider whether punitive damages should be imposed to punish the defendants for their actions.

Conflicting Accounts of the Fatal Collision

The trial centered on the events leading up to the collision, during which Grossman and Erickson were allegedly racing after consuming margaritas at a local restaurant. Brian Panish, the attorney representing the Iskander family, argued that the two drivers acted recklessly. During closing arguments, Panish characterized the event as a failure of accountability.

Conflicting Accounts of the Fatal Collision
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“It’s not an accident when you speed, and you drink and you drive impaired … Who would act like that except someone who thinks they can do whatever they want and there’s no consequences?” — Brian Panish, attorney for the Iskander family, via The Guardian

Grossman’s defense team, led by Esther Holm, countered that her client was not impaired and was distracted by the mother of the children as she dove out of the way of Erickson’s vehicle. Holm also pointed to environmental factors, suggesting the city shared responsibility for the crash. As noted by the San Francisco Chronicle, the defense alleged that trees and other vehicles obstructed the view of the pedestrian crossing sign. The defense maintained throughout the eight-week trial that the lighting conditions in Westlake Village and the layout of the intersection contributed to the tragic outcome, a claim that was ultimately weighed and rejected by the jury in their deliberation process.

The Role of Scott Erickson

While Rebecca Grossman was previously convicted in a separate criminal trial and sentenced to 15 years to life in prison, Scott Erickson—a former Dodgers pitcher—had not been criminally charged. His testimony during the civil trial provided a rare account of his perspective on the night of the crash. As reported by the New York Post, Erickson testified that he accelerated when he spotted the children in the crosswalk, describing his maneuver as a way to clear the intersection.

“I stepped on the gas for probably two or three seconds to get through, because I thought that was the safest process.” — Scott Erickson, former MLB pitcher, via New York Post

Erickson’s attorney, Jeff Braun, emphasized that the vehicle driven by his client made no physical contact with the children. However, the civil jury rejected the idea that this lack of contact absolved him of liability. Jurors concluded that Grossman and Erickson acted in concert with one another, holding Erickson negligent and a substantial factor in the deaths. Evidence presented during the trial included data from vehicle event recorders and witness statements that countered Erickson’s assertion that his acceleration was a safety-conscious decision, instead characterizing it as part of a coordinated display of speed between the two vehicles.

Next Steps in the Civil Proceedings

The legal saga continues as the court moves into the punitive damages phase. While the jury has determined the compensatory award, the trial judge will ultimately finalize the financial liability for each defendant. According to USA Today, court resumed on Friday as jurors prepared to deliberate on whether additional punitive damages are warranted. This phase of the trial requires the jury to evaluate the financial net worth of the defendants to determine an appropriate amount that would serve as a deterrent against future similar conduct.

Grossman remains incarcerated following her 2024 conviction for second-degree murder, gross vehicular manslaughter, and hit-and-run driving. In March, a California appeals court denied her final attempt to overturn that conviction, ensuring she continues to serve her 15-years-to-life sentence. The Iskander family, through their legal counsel, has expressed that the civil verdict is a critical step in achieving justice for the loss of their sons, though they acknowledge that no financial award can mitigate the personal devastation caused by the 2020 collision.

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