Case details

Kids claimed emotional distress from father’s murder of mother

SUMMARY

$60000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
loss of parental guidance
FACTS
On Sept. 4, 2006, plaintiffs Rory Reiser, 6, and Niorline Reiser, 5, were in the basement of their Oakland Hill home playing computer games when their father, Hans Reiser, allegedly killed their mother, his ex-wife, by hitting her in the face and using a judo hold. Their father was convicted of first-degree murder, despite originally claiming that Nina Reiser was alive and living in Russia, but two days before a scheduled sentencing hearing, he pleaded guilty to second-degree murder as part of a deal to lead authorities to the location where he hid and buried his ex-wife. Rory and Niorline each claimed that they suffered significant damages from the loss of love and support of their mother. The decedent’s mother, Irina Sharanova, acting as the guardian ad litem of Rory and Niorline, brought a civil action against Hans Reiser alleging wrongful death. Liability was granted against the defendant as a matter of law, and the matter proceeded to a trial on the issue of damages., Rory and Niorline Reiser, who were 12 and 11, respectively, at the time of trial, claimed that they suffered anxiety, emotional distress, and mental and physical anguish as a result of the incident. They also claimed that they sustained a loss of parental guidance, love, companionship, society and comfort. Two close friends of the plaintiffs’ mother testified about the immediate and long-term effect of the mother’s death on the children, who had to move to Russia to live with the decedent’s mother shortly after the incident. An inspector from the district attorney’s office testified about the criminal investigation and the defendant’s plea bargain, which involved shortening his sentence by 10 years in exchange for leading the authorities to a woodsy part of the Oakland hills, where the plaintiffs’ mother was found wrapped in a black bag. Plaintiffs’ counsel also called Hans Reiser to testify, and argued that the defendant showed no remorse for the murder of his ex-wife. Thus, plaintiff’s counsel asked the jury to award $10 million to each child for their loss and $5 million in punitive damages. The defendant contended that he had killed the plaintiff’s mother to protect Rory and Niorline, and that he would kill anyone who he felt might pose a threat to his children.
COURT
Superior Court of Alameda County, Alameda, CA

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