Attorney Seeks to Dismiss Westlake Wrongful Death Accident Case

On August 3, 2022, Rebecca Grossman’s attorneys filed a motion to dismiss her murder case. Grossman was ordered to stand trial for the death of two children, Mark (11) and Jacob (8) Iskander. The boys were killed while crossing Triunfo Canyon Road in Westlake Village, California two years ago. Grossman is faced with charges of second-degree murder, fatal hit-and-run driving, and vehicular manslaughter with gross negligence.

Was This Wrongful Death Accident Really Murder?

Grossman’s attorneys stated that she was unable to see the boys walking along the crosswalk because “the evening dusk” and “a blind curve” were obscuring her vision. The attorneys express in their brief how the tragic accident involved a decision to “briefly drive between 73 and 81 mph in a 45-mph zone.” The defense attorneys continued by saying that “like many thousands of other speed-related vehicular fatalities that year, it was not murder.”

According to the Thousand Oaks Acorn, Grossman’s defense attorneys wanted the trial blood evidence excluded from the case, in addition to filing for dismissal. Regardless of whether the blood evidence would have impeded Grossman’s case to win the trial, her team argued that the collection of blood samples violated her rights under the 5th and 14th amendments.

How Did the Wrongful Death Accident Occur?

Prosecutors revealed that during the night of the car accident, Grossman was likely racing her friend Scott Erickson. Scott was a former pitcher for the Los Angeles Dodgers. On a single count of misdemeanor reckless driving, Erickson was sentenced to probation.

According to the police, fifty-eight-year-old Grossman was speeding through the crosswalk hitting the two boys. The prosecution claims that Grossman did not stop her car to help the injured family. Instead, Grossman was behind her Mercedes-Benz airbag as the car was disabled remotely by the manufacturer.

Was the Driver that Caused the Wrongful Death Accident Really At-Fault?

In May 2022, Los Angeles County Superior Court Judge Joseph Brandolino stated that Grossman was in “a high-speed game of chicken” and that she went “well beyond gross negligence.” If Grossman stood trial, she would most likely be convicted on all counts. She would face 34 years in prison with a two-million-dollar bail.

The most recent update comes from Grossman’s criminal defense attorney. In a July 2022 statement, he begins by expressing grief for the entire Iskander family. However, he continues his statement by indicating that once Grossman walks into court, the public will learn that the story being told by the DA is false, and that Rebecca Grossman is innocent of all accused crimes.

Will the Defendant Be Found Liable For the Wrongful Death Accident of the Victims?

Generally, the criminal case is handled first, followed by the civil case. A popular example is the O.J. Simpson murder/wrongful death case. O.J. Simpson was found not guilty in one of the most high profile criminal trials in history. However, O.J. Simpson later was found liable in civil court for Wrongful Death and ordered to pay millions.

It is virtually a guarantee that Grossman will be held financially responsible (liable) for the wrongful death of the children. The excuses that her attorney gave would only prevent her from being found guilty of murder if believed. She will still be financially responsible in civil court, even if it was just an accident.

Given the horrific result of Grossman’s poor choices, she will likely be required to pay several millions of dollars. If she was intoxicated and driving over the speed limit, it is very likely the court will award punitive damages. Punitive damages are aimed at deterring this conduct in the future and penalizing the defendant for being so reckless. Our hearts go out to the family of these young children.

If you have any questions regarding a wrongful death case, you should contact a wrongful death attorney immediately.


If you would like to donate to the Iskander family, please click the link below:

Iskander Family Go Fund Me