Attorney Brian Panish, right, questions Scott Erickson during a wrongful death trial in Van Nuys on June 5. Erickson, a former Major League Baseball player, was a defendant in the case.
Attorney Brian Panish, right, questions Scott Erickson during a wrongful death trial in Van Nuys on June 5. Erickson, a former Major League Baseball player, was a defendant in the case.
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California

Judge in Erickson, Grossman case weighs $14M credit

Weeks after a jury found Scott Erickson liable in a wrongful death case, the former Major League Baseball player likely will be granted a $14 million credit against what he could owe in damages.

Jurors awarded $176 million in the wrongful death lawsuit filed after Mark and Jacob Iskander, 11 and 8, were struck and killed in a Westlake Village crosswalk. The two boys were hit by a vehicle while they crossed Triunfo Canyon Road with their mother and younger brother in 2020.

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The Iskander family filed a civil suit against Rebecca Grossman, convicted of second-degree murder in the crash, and Erickson, her then-boyfriend, who also was on the road at the time.

During the trial, the Iskander family’s attorney said Grossman, wife of plastic surgeon Dr. Peter Grossman, and Erickson raced toward the intersection after drinking and didn’t stop when the two boys were struck. In separate vehicles, they had sped past people biking and walking, the lawyer said. Rebecca Grossman drove up to 80-plus mph in a 45 mph zone.

In all, the jury awarded compensatory damages of $107 million for the boys’ parents, Nancy and Karim Iskander, plus $35 million for Nancy and $34 million for the boys’ younger brother Zachary – both there when Mark and Jacob were hit – for serious emotional distress.

Jurors also awarded an additional $22 million in punitive damages against Grossman and Erickson.

After the verdicts, Erickson’s attorney Jeff Braun filed court documents saying that California law requires the jury’s award be offset by the amount of agreements between Grossman and two of the plaintiffs. Grossman agreed to partially settle claims brought by Nancy Iskander and Zachary, the boys’ younger brother, shortly before the trial, according to Braun.

Because the plaintiffs said Erickson and Grossman were jointly liable, Erickson’s attorney argued that the judgment be reduced by $12 million for Nancy Iskander’s emotional distress claim and $2 million for Zachary’s claim.

An attorney for the Iskander family did not dispute a reduction but opposed the form requested by Erickson, in a response filed last week. A $14 million credit could be applied against the total amounts payable by Erickson to Nancy and Zachary Iskander, the lawyer stated.

A Los Angeles County Superior Court judge appeared to have at least partially granted Erickson’s request. Attorneys signed on via livestream for a brief court appearance about the matter on July 17.

According to court documents, the calculations would include amending the judgment to offset $2 million of the $34 million award for Zachary’s claim against Grossman and Erickson. It also would include an offset of $12 million of the $88.5 million for Nancy Iskander’s total compensatory award against Grossman and Erickson.

Cheri Carlson is a reporter for the Ventura County Star. Reach her at cheri.carlson@vcstar.com.

This article originally appeared on Ventura County Star: Judge in Erickson, Grossman case weighs $14M credit

Reporting by Cheri Carlson, Ventura County Star / Ventura County Star

USA TODAY Network via Reuters Connect

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By Cheri Carlson, Ventura County Star | USA TODAY Network

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