Pearl Jam Member Gets Win In Wrongful Death Case

A California judge ruled in favor of former Red Hot Chili Peppers guitarist, and Pearl Jam touring member, Josh Klinghoffer and removed major parts of a wrongful death lawsuit.

Judged ruled in favor of Josh Klinghoffer

The lawsuit was filed by Ashley Sanchez. As per the court records, on March 18, Klinghoffer was driving a GMC Yukon in Alhambra, California, when the car struck and killed a pedestrian in a crosswalk. Video footage depicted that the SUV making a left turn and hitting the pedestrian. The driver briefly stopped to check on the victim before returning to the vehicle.

The lawsuit claimed that the victim, 47-year-old Israel Sanchez, passed away hours later from severe head injuries after being dragged by Klinghoffer’s car. The lawsuit was seeking punitive damages. However, the judge said Klinghoffer’s actions did not show the ‘despicable and willful’ behavior needed for that.

“Plaintiff’s allegation that defendant acted with ‘willful and conscious disregard’ of others, even understood in the light most favorable to plaintiff’s case, fails to rise to the level of despicable and willful’ conduct,” Fusselman said during the hearing.

The judge stated that while Klinghoffer may have been reckless, that wasn’t enough to ask for punitive damages. The court also removed some serious accusations, such as one that said Klinghoffer was using his phone just before the accident.

The case will continue with claims for medical costs and pain and suffering. Ashley Sanchez’s lawyers plan to update the lawsuit to better argue for punitive damages.

Klinghoffer’s criminal case was scheduled to return to court on October 31st. According to his representatives in July, the incident was a tragic accident. They explained that Josh had immediately pulled over, stopped the vehicle, called 911, and waited until the police and ambulance arrived. They also mentioned that he was fully cooperating with the traffic investigation.

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