A Los Angeles County jury returned a $176 million verdict for the Iskander family after finding Rebecca Grossman and former Los Angeles Dodgers pitcher Scott Erickson negligent in the deaths of brothers Mark Iskander, 11, and Jacob Iskander, 8, who were struck in a marked crosswalk in Westlake Village in September 2020. Jurors also found malice and determined the defendants acted in concert, findings that permit the case to proceed into a punitive damages phase. The award includes wrongful death damages tied to each child and separate emotional distress awards for family members, reflecting a civil jury’s assessment of compensatory accountability distinct from the criminal proceedings that separately resulted in Grossman’s imprisonment.
Crash Allegations and Liability Theories
The civil suit, filed in January 2021 by parents Nancy and Karim Iskander and the boys’ brother Zachary, alleged that Grossman and Erickson had cocktails on Sept. 29, 2020, and then engaged in a speed contest along Triunfo Canyon Road before reaching the crosswalk where the children were hit. According to the claims presented, Grossman’s vehicle struck the boys at approximately 80 mph in a 45 mph zone while they were crossing in a marked pedestrian crosswalk, placing the crosswalk location and roadway conditions at the center of the case.
Defense presentations contested both speed and the premise of a race. Grossman’s counsel argued she was traveling closer to 52 mph and was not racing, while also asserting she became distracted immediately before impact after observing the boys’ mother move out of the way of Erickson’s leading vehicle. Within that framework, the trial focused on whether the defendants’ alleged coordinated driving conduct created an unreasonable risk to pedestrians and whether the collision was the foreseeable result of that conduct, even though only Grossman’s vehicle struck the children.
The $176 Million Compensatory Verdict
After an eight-week trial, jurors found Grossman and Erickson negligent and awarded $176 million in compensatory damages. The verdict allocated $59 million for wrongful death damages related to Mark and $48 million for wrongful death damages related to Jacob, along with $35 million for Nancy Iskander’s emotional distress and $34 million for Zachary Iskander’s emotional suffering. The award was described as compensatory, aimed at addressing the family’s losses rather than imposing criminal punishment.
The damages finding also extended to Grossman’s husband, Dr. Peter Grossman, who was named as a defendant based on vehicle ownership and the jury’s finding that he permitted Rebecca Grossman to drive the car. Court filings identified representation in the matter, including that Grossman was defended by Keller Postman LLC, as the case proceeded through liability and damages issues. The record left open how responsibility for payment would be divided among the defendants under applicable allocation and collection rules.
Malice, Acting in Concert, and the Punitive Damages Phase
Beyond negligence, the jury found that Grossman and Erickson acted with malice and acted in concert, enabling the case to move into a punitive damages phase for jurors to determine whether to impose additional monetary penalties. In civil practice, punitive damages are typically framed as a dollar amount designed to punish conduct a jury concludes went beyond ordinary negligence and to deter similar conduct. The “acting in concert” determination is legally significant because it can support shared responsibility when the evidence suggests coordinated conduct that contributed to the risk, even if only one vehicle made physical contact.
The malice finding was tied to the evidentiary themes presented at trial: allegations of excessive speed in a residential area, racing behavior before the crash, alcohol consumption before driving, the fact that the boys were struck in a marked crosswalk, the severity of the collision and fatal injuries, and allegations that Grossman continued driving after impact. When punitive damages are at issue, additional proof may be required beyond the crash mechanics, including evidence concerning a defendant’s financial condition, and the proceedings can expand to address whether the conduct reflected a conscious disregard for safety rather than a momentary error.
Criminal Case Context and Broader Implications
The civil verdict unfolded against the backdrop of a separate criminal matter involving Grossman. She was found guilty on Feb. 23, 2024, of two counts each of second-degree murder and vehicular manslaughter with gross negligence, plus one count of hit-and-run driving, and she was sentenced to 15 years to life in prison. Her conviction was later upheld by the Second District Court of Appeal in March, while Erickson did not face criminal charges arising from the incident.
Civil and criminal proceedings apply different standards and serve different aims, even when they arise from the same conduct. Criminal cases are brought by the government and focus on punishment under criminal law, while civil cases are brought by injured persons or surviving family members and focus on compensation and financial accountability for harm. The outcome also underscores that a civil jury may assign liability to more than one person when the evidence supports a conclusion that multiple actors contributed to a dangerous set of events leading to a fatal collision.
