Guitarist Josh Klinghoffer (Pearl Jam, ex-Red Hot Chili Peppers, etc.) scored somewhat of an initial win in the ongoing wrongful death lawsuit brought against him. That case stems from an incident that occurred in Alhambra, CA this past March, when Klinghoffer fatally struck a 47-year-old male pedestrian at a crosswalk. Klinghoffer was behind the wheel of his GMC Yukon SUV at the time of the apparent accident, with the victim later succumbing to injuries sustained from the collision at a nearby hospital several hours afterwards.
The victim’s daughter went on to file a wrongful death lawsuit against Klinghoffer, alleging Klinghoffer was distracted by his phone during the incident. This past September also saw him arraigned on a misdemeanor charge of vehicular manslaughter without gross negligence for the incident, to which he entered a not guilty plea.
Per a hearing held yesterday, October 18th, Los Angeles County Superior Court Judge Ian C. Fusselman ruled that the suit brought forward by victim’s daughter, Ashley Sanchez, failed to clearly demonstrate Klinghoffer‘s actions as being “despicable and willful” on the day of the incident. As such, the suit currently doesn’t meet the guidelines necessary for Sanchez to pursue punitive damages.
However, Rolling Stone report that the judge has granted Sanchez the opportunity to amend her complaint, given that it provides more concrete evidence than allegations of Klinghoffer being distracted while driving, and can clearly demonstrate that Klinghoffer‘s actions were done with an “evil motive”.
The judge was quoted as saying in a written ruling, “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.”
Said judge later added, “The facts alleged by plaintiff here clearly allege that defendant was careless, even reckless. However, recklessness is insufficient to support a punitive damages claim.”
Sanchez‘s lawyers have communicated that they intend to amend their complaint with more details to try to prove Klinghoffer‘s actions meet the aforementioned legal criteria for punitive damages to potentially be awarded.
