Marc Benardout, a wrongful death beneficiary of decedent Noah Benardout; Marie Benardout, a wrongful death beneficiary of decedent Noah Benardout; and the Estate of Noah Benardout, by and through its successor-in-interest Marc and Marie Benardout v. Jacob D. Gralitzer
Published: Jun. 9, 2023 | Result Date: Mar. 3, 2023 | Filing Date: Sep. 10, 2019 |Case number: 19STCV32057 Bench Verdict – $200,000,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Spencer R. Lucas
(Panish Shea Boyle Ravipudi LLP)
Marguerite S. Sanvictores
(Panish Shea Boyle Ravipudi LLP)
Alec M. Clark
(Panish Shea Boyle Ravipudi LLP)
Defendant
Stephen C. Pasarow
(Knapp, Petersen & Clarke)
Gralitzer
Kevin J. Stack
(Knapp, Petersen & Clarke)
Gralitzer
James F. Saunders
(Bradley & Gmelich Lawyers)
Goldsmith
Facts
On Aug. 1, 2019, defendant Jacob D. Gralitzer was attending a ViacomCBS employee premiere party for the now-cancelled Comedy Central late night talk show Lights Out With David Spade. As alleged in the complaint, defendant Gralitzer became intoxicated at the party and then proceeded to get behind the wheel of an Infiniti Q60S and drove through the streets of West Hollywood at recklessly high speeds. As Gralitzer traveled eastbound on Melrose Avenue, he violently collided with the driver of an Acura MDX traveling westbound on Melrose and making a left turn onto Martel Avenue. The intense impact of the collision caused the Acura MDX to careen onto the southwest corner of the intersection of Melrose and Martel, striking pedestrian Noah Benardout, a 24-year-old musician, while he was standing on the sidewalk. Noah sustained major blunt force trauma to his head and died as a result of his injuries.
Following the collision, defendant Gralitzer was criminally charged and pled no contest to felony gross vehicular manslaughter while intoxicated.
On Feb. 1, 2022, he was sentenced to four years in state prison--he served just six weeks in Los Angeles County jail followed by seven weeks in North Kern County Prison.
On May 3, 2022, Gralitzer was transferred to a Male Community Reentry Program location where he will serve less than one-third of his sentence before being released in March 2023, due to his classification by the California Department of Corrections and Rehabilitation as a nonviolent offender.
Damages
Past wrongful death damages: $50,000,000 Future wrongful death damages: $150,000,000
Injuries
Wrongful death
Result
$200 million judgment in favor of plaintiff as to defendant Gralitzer. The judgment, signed March 3, 2023, on what was scheduled to be the first day of trial, includes $100 million in past and future wrongful death damages for Noah's father, and $100 million in past and future wrongful death damages for Noah's mother. The parties reached an agreement regarding the judgment of which the terms of payment remain confidential.
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