Benardout et al. v. Gralitzer

DOLLAR AMOUNT-$200 million

CASE NAME-Benardout et al. v. Gralitzer

TYPE OF CASE-Wrongful death

COURT-Los Angeles Superior Court

JUDGE(S)-Judge Yolanda Orozco

PLAINTIFF LAWYERS-Panish Shea Ravipudi LLP, Spencer R. Lucas, Marguerite S. Sanvictores, Alec M. Clark

DEFENSE LAWYERS-Saunders & Associates APC, Gary S. Saunders; Trépanier Tajima LLP, Lisa D. Trepanier; Larson LLP, Rick L. Richmond; Foley & Lardner LLP, Troy S. Tessem; Bohm Wildish & Matsen, LLP, James G. Bohm

Jacob D. Gralitzer, an intoxicated entertainment industry accountant, left an employee premiere party for a Comedy Central show and drove through West Hollywood at recklessly high speed. At a Melrose Avenue intersection, the driver violently collided with another car, which careened into a pedestrian on the sidewalk, inflicting lethal head trauma.

Deceased was Noah Benardout, a promising 24-year-old musician. Panish Shea Ravipudi LLP partner Spencer R. Lucas came on to represent his parents, Marie and Marc Benardout, in a wrongful death suit that ended on the day of trial with a $200 million stipulated judgment. Benardout v. Gralitzer, 19STCV32057 (L.A. Super. Ct., filed Sept. 10, 2019).

"I knew this case was special from the moment I met Marc and Marie [Benardout] and saw how profoundly affected they were by Noah's loss," said Lucas, who tried the case with colleagues Marguerite S. Sanvictores and Alec M. Clark.

MARGUERITE S. SANVICTORES

"I went to their home and went with them into Noah's bedroom and felt the parents' grief. It was one of my most profound moments as a lawyer. This terrible, preventable DUI fatality ripped the heart out of this family."

Compounding the family's anguish, Lucas said, was the way the criminal justice system failed. Gralitzer pleaded no contest to felony gross vehicular manslaughter while intoxicated. Sentenced to four years in state prison, he served just six weeks in a county lockup and seven weeks at North Kern County Prison before he was transferred to a community reentry program to serve less than one-third of his sentence due to his classification by authorities as a nonviolent offender.

"As a lawyer, when I meet a family with a horrific story like this, I can't help but think of my own kids," Lucas said. "It motivated me to turn over every stone."

Lucas settled with the company now known as Paramount Global, whose Comedy Central threw the party for the late-night talk show, "Lights Out With David Spade." "We took the driver to the first day of trial. In depos, he tried to blame everyone but himself, but we had evidence of his recklessness, his intoxication and his fault. We were ready to prove up our case, and we told him we were going to ask for $200 million.

ALEC M. CLARK

"We told the other side that the evidence was overwhelming, we were going to win, and we could do it the easy way or the hard way. Gralitzer agreed to the stipulated judgment. The terms of the judgment payment are confidential, but he is going to face responsibility and end up out of pocket."

Defense lawyer Stephen C. Pasarow of Knapp, Petersen & Clarke did not return a message seeking comment.

"We achieved the symbolic result the family wanted," Lucas said.

-John Roemer