Closing arguments began Tuesday in the punitive damages phase of the civil trial stemming from the 2020 Westlake Village crash that killed two young brothers, Mark and Jacob Iskander, ages 11 and 8. The family was already awarded more than $170 million in damages in the liability phase.
Now, jurors are considering whether to add punitive damages that could total tens of millions more.
An attorney for the Iskander family urged jurors to impose $20 million in punitive damages against Rebecca Grossman and $1 million against Scott Erickson, the former MLB pitcher, as punishment for the boys' deaths. Legal analyst Royal Oakes noted that punitive damages could multiply the award significantly, potentially reaching over a billion dollars.
The trial's new phase focuses on whether Grossman and her husband, Dr. Peter Grossman, concealed assets.
Video from a deposition showed Dr. Grossman unable to recall the couple's tax returns or Rebecca's income.
Defense attorneys argued that punitive damages should be based solely on Rebecca Grossman's actions, not family wealth, and that she had not earned income for years before or after the crash.
During the liability phase, the family's attorney Brian Panish asked jurors for hundreds of millions, citing Grossman's alleged street racing, drinking, and impaired driving. Defense attorney Esther Holm denied Grossman was impaired or racing, calling the racing claim speculation.
She argued Grossman did not flee and cooperated with investigators.
The crash occurred on September 29, 2020, on Triunfo Canyon Road. Grossman and Erickson were allegedly racing at speeds up to 80 mph in a 45 mph zone when they struck the boys in a crosswalk.
Grossman was convicted in 2024 of second-degree murder, vehicular manslaughter, and hit-and-run, and is serving 15 years to life. Her conviction was upheld on appeal.
In emotional testimony, the boys' mother, Nancy Iskander, described hearing roaring engines and seeing two cars accelerating toward the crosswalk. She grabbed her other son, Zachary, but Mark and Jacob were struck.
"Part of me is simply dead," she said. The father, Karim Iskander, recalled the boys' kindness and their last birthday at the beach.
Erickson testified he was not racing but admitted driving 55 mph. Former teammate Royce Clayton said he had margaritas with both before the crash.
Holm criticized the sheriff's investigation, claiming it was biased against Grossman. The trial continues as jurors deliberate on punitive damages.