The Daily Journal turned to Shant Karnikian for expert commentary on the significance of the punitive damages in the nearly $200 million wrongful death verdict against Rebecca Grossman and former Dodgers pitcher Scott Erickson.
The verdict followed more than five years of litigation arising from a September 2020 crash in which Grossman’s SUV struck and killed brothers Mark, 11, and Jacob, 8, Iskander in a Westlake Village crosswalk. On June 3, jurors awarded the family $176 million in compensatory damages, then added $22.1 million in punitive damages after unanimously finding the defendants acted in concert and with malice.
Shant focused on why the punitive component carried so much weight. Before jurors could even consider punishment, they had to find that both defendants engaged in conduct that went beyond ordinary negligence, a far higher bar than the one governing compensatory damages.
“It’s significant because it’s a much higher standard,” Shant told the Daily Journal. During the compensatory phase, he explained, a lawyer cannot ask jurors to award money as a punishment; the award has to reflect compensation for the harm done. “So, this is a big deal.”
That backdrop is part of what makes the findings notable. Punitive damages are awarded in only about 5% of plaintiff victories, according to U.S. Department of Justice statistics, and they are rarer still against individuals rather than corporations.
Read the full article in the Daily Journal here (subscription required).