Grossman, Erickson Ordered to Pay $176M in Iskander Boys’ Deaths
- Tom Feher, Esq.
A Los Angeles County civil jury has ordered Rebecca Grossman and former Major League Baseball pitcher Scott Erickson to pay $176 million to the family of two young brothers killed in a Westlake Village crosswalk, according to ABC7 and CBS Los Angeles. Mark Iskander, 11, and Jacob Iskander, 8, were struck and killed in 2020 while crossing the street with their family in a marked crosswalk.
The jury found Erickson negligent and a substantial factor in the boys’ deaths; the court had already determined Grossman was negligent. The panel also found that both defendants acted with malice, a finding that moves the case into a punitive damages phase. Dr. Peter Grossman, Rebecca Grossman’s husband, was also a defendant because he owned the vehicle she was driving and had given her permission to use it. Rebecca Grossman was separately convicted in the criminal case in 2024 and sentenced to 15 years to life.
The following is general commentary on what this verdict illustrates about California injury and wrongful death law. It is not a statement about any matter Feher Law handled.
Attorney's Take: Tom Feher
“This verdict sends a clear message that California juries place an enormous value on a child’s life and will hold every responsible party accountable. People often assume a criminal conviction is the end of the story. It is not. The criminal case punishes the wrongdoer and answers to the state. The civil case is the only path that actually compensates the family, and it proceeds under a lower burden of proof, which is why a civil jury can find liability and award damages even after a criminal case ends.
What stands out to me is the malice finding. Under California law that opens the door to punitive damages, which are not meant to compensate the family but to punish conduct a jury found especially reckless. For any family that has lost a loved one to a negligent or reckless driver, this case is a reminder that the civil justice system exists to make them whole, separate from whatever happens in criminal court.”
– Thomas Feher, Esq., Founding Attorney, Feher Law APC
The $176 Million Verdict, Broken Down
The compensatory award reflects two categories of harm: the wrongful death of each child, and the serious emotional distress suffered by family members who were present.
| Award | Amount | Type of harm |
|---|---|---|
| Loss of Mark Iskander, age 11 | $59 million | Wrongful death |
| Loss of Jacob Iskander, age 8 | $48 million | Wrongful death |
| Nancy Iskander (mother) | $35 million | Emotional distress (present at scene) |
| Zachary Iskander (surviving brother) | $34 million | Emotional distress (present at scene) |
| Total compensatory damages | $176 million | Punitive phase pending |
A separate punitive damages phase follows the jury’s malice finding and could add to the total.
Civil Case vs. Criminal Case: Why There Were Two
Many people are confused about how Rebecca Grossman could face both a criminal trial and a civil trial for the same crash. They are two separate systems with different purposes, and pursuing one does not bar the other.
- The criminal case is brought by the state to punish a crime. Grossman was convicted in 2024 and sentenced to 15 years to life. The penalty is prison, not money for the family.
- The civil case is brought by the family to recover compensation. It is the only path that puts money in the hands of the people who lost a loved one.
- Different burdens of proof. A criminal conviction requires proof beyond a reasonable doubt. A civil case only requires a preponderance of the evidence, meaning more likely than not. That is why a civil jury can find liability even in cases where a criminal charge fails.
- No double jeopardy. The constitutional protection against being tried twice applies only to criminal prosecution. It does not stop a civil lawsuit.
What California Law Says
Several California rules shaped this verdict and apply to any serious pedestrian or wrongful death case:
- Pedestrian right of way. Under Vehicle Code 21950, drivers must yield to pedestrians in a crosswalk and use due care to avoid a collision.
- Wrongful death. Code of Civil Procedure 377.60 lets a spouse, children, or parents sue, and section 377.61 defines the recoverable damages, including the loss of a child’s love, companionship, and support.
- Emotional distress for witnesses. California’s “bystander” rule allows a close family member who is present and witnesses the death or serious injury of a loved one to recover for their own emotional distress. That is the basis for the separate awards to Nancy and Zachary Iskander.
- Vehicle owner liability. When an owner lets another person drive their vehicle, California law can extend liability to the owner under permissive-use and negligent-entrustment principles (Vehicle Code 17150). That is why Dr. Peter Grossman was a defendant.
- Punitive damages. Under Civil Code 3294, a jury that finds malice, oppression, or fraud by clear and convincing evidence may award punitive damages to punish and deter, on top of compensation.
How Wrongful Death and Emotional Distress Damages Work in California
This case shows how a single crash can produce two distinct kinds of claims. The wrongful death claim compensates the family for the loss of each child: the love, companionship, guidance, and support the boys would have provided. California does not cap these damages in an ordinary negligence case, which is why the figures can reach into the tens of millions for the death of a child.
Separately, a parent or sibling who personally witnesses the death can bring a negligent infliction of emotional distress claim for their own trauma. Nancy Iskander was crossing the street with her sons, and her surviving son Zachary was present. Their $35 million and $34 million awards reflect that distinct, recognized harm. Families trying to understand the potential value of a claim can start with our wrongful death settlement calculator, though every case turns on its own facts.
If You Lost a Loved One to a Negligent or Reckless Driver
No verdict undoes a loss like this. But the civil system exists so that families are not left to carry the financial weight of someone else’s negligence. The same early steps protect a family’s rights:
- Request the traffic collision report and preserve all evidence, including scene photos, vehicle data, and any video.
- Identify every responsible party, which can include a driver, a vehicle owner, or an employer, not just the obvious defendant.
- Document the full loss, economic and non-economic, including the emotional distress of family members who were present.
- Do not accept an early insurance offer before understanding what the claim is truly worth.
- Speak with a California pedestrian accident or wrongful death attorney about your options.
Lost a loved one in a California crash?
Speak with our team confidentially about a wrongful death or pedestrian claim. (310) 340-1112 – Free, no-obligation consultation. You pay nothing unless we win.
Frequently Asked Questions
A California civil jury awarded the Iskander family $176 million in compensatory damages: $59 million for 11-year-old Mark, $48 million for 8-year-old Jacob, $35 million for their mother Nancy, and $34 million for their surviving brother Zachary. A punitive damages phase follows the jury's malice finding.
Yes. A criminal case and a civil case are separate. The criminal case punishes the defendant; the civil case compensates the family. Double jeopardy applies only to criminal prosecution, so a civil wrongful death lawsuit can proceed regardless of the criminal outcome.
A criminal conviction requires proof beyond a reasonable doubt. A civil case only requires a preponderance of the evidence, meaning the jury finds it more likely than not. That lower standard is why a civil jury can find liability and award damages even when criminal charges are harder to prove.
Because he owned the vehicle and gave permission to drive it. Under California permissive-use and negligent-entrustment principles (Vehicle Code 17150), a vehicle owner can be held responsible for a crash caused by someone they allowed to use their car.
Yes. California's bystander rule allows a close family member who is present and witnesses the death or serious injury of a loved one to recover for their own emotional distress. That is the basis for the separate awards to Nancy and Zachary Iskander.
Under Civil Code 3294, a jury that finds malice, oppression, or fraud by clear and convincing evidence may award punitive damages. They are meant to punish and deter especially reckless conduct, separate from the money awarded to compensate the family.
Generally two years from the date of death under Code of Civil Procedure 335.1. Claims involving a government entity have much shorter deadlines, so families should act quickly.
Code of Civil Procedure 377.61 allows recovery for both financial losses, such as support and services, and non-economic losses, such as the loss of the deceased's love, companionship, comfort, and guidance. Learn more on our wrongful death page.
Attorney Advertising. This article discusses a public news event for general informational purposes and is not legal advice or a comment on any matter handled by Feher Law. Prior results do not guarantee a similar outcome. Reviewed by Thomas Feher, Esq. – June 2026.
