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Scott Erickson's attorney Jeff Braun suggested jurors award the Iskanders $10 million. The jury instead awarded $176 million and opened the door for punitive damages. On Thursday, Braun began his opening statement in the punitive phase by asking the 12 jurors,
Scott Erickson's attorney Jeff Braun suggested jurors award the Iskanders $10 million. The jury instead awarded $176 million and opened the door for punitive damages. On Thursday, Braun began his opening statement in the punitive phase by asking the 12 jurors, "Good morning. Anybody want to switch places with me today?" Los Angeles County Superior Court Judge Huey Cotton said the comment was "improper" as the Iskanders' lawyer Brian Panish called it "totally improper" and asked the judge to strike it from the record. "Comment is stricken," Cotton said. Braun, a partner at McNeil Tropp & Braun LLP in Newport Beach, tried again. "Good morning. Before anything else, I want to speak to the Iskander team plainly and respectfully, because they've suffered an immeasurable loss," he said. "It's irrelevant to this phase of the trial," Panish interjected. Judge sustained the objection. Braun said "on behalf of my client, we acknowledge the jury's prior fight, and we express genuine remorse for the harm that has occurred." "We accept your verdict on liability and on the finding that the conduct was involved malice, oppression or fraud, and we will not argue those determinations. We're here for a different task today," Braun said. He said the punitive phase is "limited in scope." "Your role now is not to decide what happened or whether my client is responsible. That's already been decided. Your role is to determine the amount of punitive damages, if any, that serves the law's purpose of punishment and deterrence. Not vengeance. Not anger, and not to compensate for the loss," he said. Erickson, a retired Major League Baseball pitcher, was speeding near his now ex-girlfriend, Rebecca Grossman, on Sept. 29, 2020, when Grossman struck 11-year-old Mark and 8-year-old Jacob Iskander in a crosswalk in Westlake Village, California. Witnesses said they appeared to be racing their vehicles, and Erickson presented the wrong vehicle to investigators as part of a years-long license plate scheme that kept two vehicles on one registration. Testimony in the punitive damages phase continues tomorrow (Friday, June 5) in Los Angeles. #law #court

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