On Nov. 14, 2018, plaintiffs’ decedent Robert Peck, 51, a recovering alcoholic, was fatally shot by his father, Richard Peck, 92, at Richard Peck’s residence in San Diego. Robert Peck had moved in with his Alcoholics Anonymous sponsor in March 2018. After about three months, Robert Peck moved in with his father, a widower. Richard Peck claimed that his son began threatening him in July 2018, telling him he was going to die and demanding money from him. The San Diego Police Department was contacted about multiple incidents. Ultimately, on Nov. 14, 2018, Richard Peck retrieved his shotgun from his bedroom, went to his son’s bedroom and fatally shot him. Richard Peck was charged with murder, and he ultimately pleaded guilty to voluntary manslaughter under the heat of passion. He was given house arrest and three years of summary probation. Robert Peck’s wife, Annette Peck, and minor son, Ryan Peck, who was represented by a guardian ad litem, sued Richard Peck, alleging that Richard Peck’s actions constituted negligence and battery, resulting in the wrongful death of Robert Peck. Prior to the start of trial, plaintiff’s counsel discontinued the negligence cause of action and proceeded with the battery claim. Plaintiffs’ counsel argued that Richard Peck had alternatives and could have resolved the situation without killing Robert Peck. Counsel contended that Richard Peck could have left his home, alerted neighbors and/or taken other action instead of resorting to violence. Richard Peck claimed that he acted in self-defense, in that he was afraid for his life because his son had been threatening him for five months and repeatedly told him he was going to die. He also claimed that his son threatened to kill him again on the subject night and that he felt trapped. Defense counsel contended that there was evidence to support Richard Peck’s accusation, as Richard Peck had called the San Diego Police Department some 14 times because of his son’s alleged threats. Two police videos were admitted into evidence, including one that showed Robert Peck in such an intoxicated state that he had defecated and urinated on himself, which caused responding police officers to take him to a psychiatric hospital for a 72-hour mental health hold. The second video showed Richard Peck extremely distraught over his son’s threats, and Richard Peck can be heard on the video asking the police to take his son from his home otherwise, “…you will be coming back to get my body!” Defense counsel contended that the type of conduct depicted in the videos continued through Nov. 14, 2018. Richard Peck claimed that, on the night of the shooting, his son came into his bedroom and said, “I’m going to kill you. You’ll be seeing me later.” Richard Peck testified that he remained frightened after his son left his room to the point that he did not realize what he was doing, but that he remembered going to the family room to call for help only to find that the phone had been ripped entirely off the wall. He claimed that with no telephonic access to the outside world, he became more scared and panicked. Defense counsel argued that Richard Peck had a reasonable belief that his life was in danger, given the phone being torn off the wall and the numerous threats made against him, many of which were overheard by an independent witness and during the police interventions and videos., Robert Peck sustained a gunshot wound and died. The parties acknowledged that Robert Peck had started drinking when he was approximately 14 years old and that he had a known 20-some-odd year history of alcoholism. His condition deteriorated to the point at which he was unemployable. While his wife acknowledged that she filed for divorce in March 2018, she claimed that she had an understanding with her husband that she would reconsider the divorce if he made efforts to get better. Robert Peck’s son, Ryan, who was 14 years old at the time of the incident, claimed that he knew of his father’s alcoholism, but that he tolerated it and loved his father. Plaintiffs’ counsel contended that Ryan and Robert Peck had a good relationship and were able to continue the father/son relationship that Ryan wanted, despite Robert Peck’s alcoholism. Annette Peck and Ryan sought recovery of wrongful death damages for the loss of Robert Peck. There were no economic damages presented at trial, as Robert Peck had been unemployed since 2017. Plaintiff’s counsel asked the jury to focus solely on the general damages associated with Robert Peck’s wrongful death. The jury was asked to compensate Annette Peck $500,000 for in past general damages. Annette Peck’s alleged future general damages were left to the jury’s discretion based on the evidence presented that it was Annette Peck’s plan to reunite with Robert Peck. Defense counsel questioned the alleged “good relationship” with Robert Peck, noting Robert Peck’s alleged threatening behavior with his father and Robert Peck’s 20-some-odd year history of alcoholism. Counsel also contended that Annette Peck filed for divorce in March 2018 and that Annette Peck took Ryan away and had the locks changed after Robert Peck moved out of their family home. Defense counsel argued that since Annette Peck had divorced Robert Peck, she should not be entitled to damages.