Panish | Shea | Ravipudi LLP attorneys Brian Panish, Andrew Owen, Andrew Gianelli, and Diana Panish obtained a $198.17 million jury verdict for the Iskander family, holding defendants Rebecca Grossman and Scott Erickson liable for the deaths of 11-year-old Mark Iskander and 8-year-old Jacob Iskander who were killed while crossing a street with their family in a marked crosswalk. The verdict includes $176,000,000 in non-economic damages and $22,170,000 in punitive damages. The Iskander family was also represented in the case by co-counsel Nick T. Movagar of M&Y Personal Injury Lawyers.
On the evening of September 29, 2020, the Iskander family was crossing Triunfo Canyon Road at Saddle Mountain Drive in Westlake Village, California. The father, Karim, had jogged ahead with the couple’s infant daughter in a stroller; the mother, Nancy, and her three sons, Mark, Jacob, and 5-year-old Zachary, were following behind when Grossman and Erickson came racing toward the intersection in separate vehicles at over 80 miles per hour.
The two vehicles approached the crosswalk in rapid succession. As Erickson flew through the intersection, Nancy Iskander lunged forward and pulled her youngest son out of the way. Mark and Jacob, just steps behind, had nowhere to go, and Grossman’s vehicle struck and killed them both. Grossman continued driving for a third of a mile, only coming to a stop when her engine shut down following the deployment of her vehicle airbag.
At trial, Erickson testified that he was driving ahead of Grossman and swerved to avoid the Iskander family, denying that the two were racing. The Plaintiffs countered with eyewitness accounts and accident reconstruction analysis, demonstrating that both defendants were traveling at dangerous speeds in the moments before impact. The jury also heard testimony that after the crash, Erickson left the scene, deleted damaging text communications with Grossman, and even misrepresented which vehicle he was driving the night of the collision in order to avoid its inspection. Grossman did not testify at trial, but her attorney attempted to deflect blame by arguing that the intersection was a known dangerous condition that the City of Westlake Village should have made safer.
After two days of deliberation, jurors found both Grossman and Erickson equally at fault for the deaths of Mark and Jacob and that they were acting in concert with each other leading up to the collision. No responsibility was placed on the City of Westlake Village. The jury awarded the Iskander family $176,000,000 in non-economic damages, including $69,000,000 for the severe emotional trauma suffered by Nancy and Zachary who witnessed the deaths of Mark and Jacob. The jury also made the finding that Grossman and Erickson acted with malice, requiring a second, punitive damages phase of trial
During the four-day punitive damages phase, Plaintiffs presented evidence that Grossman and her husband had shown little remorse for the deaths of Mark and Jacob and had attempted to conceal their personal assets to avoid collection. Plaintiffs also highlighted Erickson’s continued recklessness in the years since the collision, including repeated instances of drinking and driving. After considering this evidence, the jury awarded the family an additional $22,170,000 in punitive damages—$21,000,000 against Grossman and $1,170,000 against Erickson.
Mark and Jacob were beloved sons, brothers, and friends whose lives were stolen in an instant. Throughout the trial, the jury heard about the extraordinary bond shared by the Iskander family and the profound loss they have carried every day since. While no verdict can restore what was taken from the Iskander family, the jury’s decision delivers some accountability for a tragedy that should never have happened.
“This case was about choices—dangerous, reckless, and selfish choices that cost two young boys their lives,” said Brian Panish, lead trial attorney for the Iskander family. “The evidence showed exactly what happened: excessive speed, disregard for the rules of the road, and a complete failure to protect human life. The jury held both defendants accountable for the devastating consequences of those choices.”
Panish continued: “Mark and Jacob were doing everything right. They were in a crosswalk, with their family. They should have made it home safely that night. This verdict sends a clear message that everyone must be held accountable when their selfish actions put innocent lives at risk.”
“The facts of this case are as heartbreaking as they are clear,” said Andrew Owen. “This was a preventable tragedy from start to finish. The jury carefully considered the evidence and returned a verdict that reflects both the truth of what happened and the immeasurable loss suffered by the Iskander family.”