Josh Klinghoffer, former Red Hot Chili Peppers guitarist and current member of Pearl Jam, has obtained his first victory in a negligent death case brought against him. This case stems from a tragic incident last March in Alhambra, California, when Klinghoffer accidentally struck a 47-year-old pedestrian while driving a GMC Yukon SUV. The victim died a few hours after being taken to hospital due to his injuries.
A charge of distracted driving
The victim’s daughter, Ashley Sanchez, filed a negligent death lawsuit against Klinghoffer, claiming he was distracted by his cell phone at the time of the accident. In addition to that complaint, in September Klinghoffer was indicted for manslaughter with minor negligence, a charge to which he pleaded not guilty.
According to Rolling Stone, at a hearing on October 18, Los Angeles County Superior Court Judge Ian C. Fusselman ruled that Sanchez’s complaint did not clearly demonstrate that Klinghoffer’s actions day of the incident were “despicable and deliberate”. Therefore, the complaint did not meet the necessary criteria for Sanchez to seek punitive damages.
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An opportunity to amend the complaint
However, the judge gave Sanchez the opportunity to amend his complaint by adding stronger evidence, showing that Klinghoffer’s actions were carried out with a “bad intention”. In his written decision, Justice Fusselman explained: “Plaintiff’s allegation that Defendant acted with ‘deliberate and conscious intent’ does not amount, even in the most favorable light to Plaintiff, to ‘despicable and deliberate’ conduct.”
The judge also pointed out that although the facts suggest negligence or recklessness on Klinghoffer’s part, it is not enough to warrant punitive damages: “The facts alleged by the plaintiff clearly show that the defendant was negligent, even reckless. However, recklessness is not sufficient to justify a claim for punitive damages.”
Attorneys for Ashley Sanchez said they plan to amend their complaint to include more details, hoping to prove that Klinghoffer’s actions meet the legal criteria needed to seek punitive damages.
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