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Fred Greaves / Reuters file
Firefighters battled flames after a military jet crashed into homes in the University City neighborhood of San Diego on Dec. 8, 2008.
SAN DIEGO — Two families whose relatives were killed when a military jet crashed into a University City neighborhood in 2008 have been awarded almost $18 million for their loss. The amount is about one-third of the $56 million that the lawyers had hoped to recover for the family.
Young Mi Yoon, 36, her daughters Grace, 15 months, and Rachel, 2 months, and her mother, Suk Im Kim, 60, were killed Dec. 8, 2008, after one of the engines on an FA-18-D Hornet died as a student Marine pilot headed to MCAS Miramar.
On Wednesday, a judge ruled that Young Mi Yoon's husband, Don Yoon, should receive $9.6 million in compensation for the loss of his family. Sanhyum Lee, Suk Im Kim's husband, was awarded $3.7 million. Young Mi Yoon's three siblings were awarded $1.5 million.
Read the original story at NBC San Diego
The jet destroyed two homes, including the Yoons' house.
The government admitted liability, but the two sides could not agree on how much money Don Yoon and Young Mi Moon's family should get for their loss.
A federal judge heard the evidence in an emotionally grueling two-day trial earlier this month, which included tearful testimony from the families.
Don Yoon described how it rained for just a few minutes the day of the funeral as his wife's casket was lowered into the ground. He thought the rain was his dead wife's tears, being shed for him.
In closing arguments, the families' attorney said Don Yoon should get a total of $27 million in emotional damages for the loss of his wife and two children.
Young Mi Yoon's father, Sanghyun Lee, should get $20.2 million, his lawyers argued. That figure included $230,000 in economic loss from his wife's death and $20 million in emotional damages.
The lawyers also asked Judge Jeffrey Miller to give Young Mi Yoon's three siblings $2.5 million apiece in emotional damages.
Attorney Brian Panish criticized the government for what he called its callousness in this case, telling Miller "there has been no evidence of repentance" by any government agency.
In their closing argument, government lawyers did not give the judge a counter-figure of what they thought would be a fair amount for emotional damages.
Instead, U.S. Justice Department attorney Bruce Ross urged Miller to be "fair and reasonable, without being excess or punitive," in his award to the family.
Don Yoon was awarded the following:
- $1.2 million for the total wage loss, past and future, of wages that his wife would have earned.
- $250,000 for the total loss of household services, past and future, that his wife would have provided.
- $2 million for past non-economic damages resulting from the death of his wife.
- $4 million for future non-economic damages resulting from the death of his wife.
- $65,000 for the loss of personal property.
- $300,000 for the past non-economic damages resulting from the loss of his daughter Grace Yoon.
- $1 million for future non-economic damages resulting from the death of his daughter Grace Yoon.
- $200,000 for past non-economic damages resulting from the death of his daughter Rachel Yoon.
- $600,000 for future non-economic damages resulting from the death of his daughter Rachel Yoon.
Don Yoon's father in law, Sanhyum Lee, was awarded the following:
- $230,000 for economic damages, past and future, resulting from the death of his wife, Seokim Kim-Lee.
- $1 million for past non-economic damages, resulting from the death of Seokim Kim-Lee.
- $2 million for future non-economic damages, resulting from the death of Seokim Kim-Lee.
- $250,000 for past non-economic damages resulting from the death of his daughter, Young Mi Yoon.
- $250,000 for future non-economic damages resulting from the death of his daughter, Young Mi Yoon.
- $500,000 for past non-economic damages resulting from the death of Seokim Kim-Lee.
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Thanks from the American taxpayers who footed that bill, Judge Miller. Are these people even legal US citizens? BTW, what about the family in the other destroyed home? What is that going to cost us taxpayers?
Since when could only those with European family names pass as American? Shame on you.
Because all true Americans have only good, Christian names, right?
Can't really say what I want to, but yeah, good luck buddy.
@anti...blah... are u even american? maybe u came over on the boat..and just jealous your wife and kids didn't get killed....
@anti...
Those jet fighter planes are probably $40 mil or more...if u want to blame someone for wasting tax money, blame it on that pilot !
If someone comes and damages my house and kills my family...that person better pay for it.
"Are these people even legal US citizens?"
What they were was alive.
I was living not far from where this happened at the time. For the record, the family were American citizens and by all accounts good people.
The amounts of money that the lawyers were asking for was absurd, I think the amounts the judge decided on were reasonable. This was a very tragic accident and I feel for the families of those who were killed.
@montegobay - You are a jackass to blame the pilot. There was a failure of the aircraft that caused the crash. The pilot did everything he could to try and get the plane away from populated areas but unfortunately did not have the altitude to give him time to make that happen. As it is, he kept the plane from coming down into a much more densely populated location and probably saved a lot of lives in the process. Unfortunately he could not get it clear completely because the area is so heavily populated. He should be commended for his efforts, not blamed by some know nothing like you.
He's got a good point regarding the ridiculous amount of money. Just what exactly is 'non-economic' mean in this context? Pain and suffering? I'm dying of lupus and no one is giving me a cent. It's also far more painful than losing a loved one...I've experienced both.
I guess some folks use the death of their loved ones as a meal ticket. Real heart-warming story here.
The amounts awarded appear well within reason and appropriate. Any more would just be a stupid California "joke".
Not according to the whiner posting as Logres. He has a disease that nobody else caused, and is extremely jealous of people who collect large liability settlements when wronged. He does not deserve a cent, either. And his whining is insufferable.
Thank you JS. Also something to note. Reports at the time were that the pilot requested landing at NAS North Island on the coast, but was denied and told to land at MCAS Miramar, somewhat inland. He was MAYBE 1/2 mi. from the base when he crashed.
He was aiming for the canyon area between the houses and the I5 freeway. He had stayed in the jet keeping it aloft as long as he could before ejecting. If I'm not mistaken, he ended up in the canyon.
My brother and my nephew were at our mom's home that day when it happened. She lives about four blocks away. He said the fumes from the jet fuel and fire were horrendous. They left as soon as they could get out of the neighborhood and went home.
My point was that people always talk about the "illegals" as if they are only from Mexico and other Latino countries. As a resident of an island that is used by "illegal" Asians trying to get into the US, I just wondered by the names whether they were legal citizens or illegals. Did the family of the other destroyed house also sue for damages? What has been the result of that suit if so? What is that going to cost us, the taxpayers? Why wasn't the manufacturer of the engine and the aircraft included in the suit? As Lola points out, why was the pilot denied his original landing request? Why wasn't the person responsible for that denial held accountable as part of this catastrophic accident? That is the problem with the American liability damage claims legal system. We have become a sue happy society.
Like others, I questioned all of those "non-economic" awards. What is the definition and justification for all of those awards? Life is valuable, but how does anyone set a monetary amount on that value? We have let "emotional distress" become far too important in such financial suits.
Comment # 2 restored for clarity.
When the lawyers are done the family will be lucky if they get $ 800.000 to split.
The "American taxpayer" dropped a jet plane on some people, who should take "responsibility"?
bobbbsoxx2w
The "American taxpayer" dropped a jet plane on some people, who should take "responsibility"?
Nobody...............It's collateral damages of a nation at war................
It is a sad loss, but come on, $18 mill for "emotional distress." What a line of crap. No wonder our society is going down hill.
Friggin Liberal judges, as they take the taxpayers money and laugh to the bank.
Unless, of course, it was your family, Bill from Oregon. Had that been the case, the cash payment would have been too little, huh?!
Bill from Oregon, I too cant wait to see something happen to you!
Bill from Oregon:
You really don't get it, do you? The world is not divided into liberals and conservatives. A more accurate indicator would be intelligence. Was the award out of line? Yes. The judge was wrong, and frankly probably not very bright given the excessiveness of the award. If indeed intelligence is the issue here, well, you two are kissin' cousins.
Out of line? Give me a break. Those jets run up around $30 million each. $18 mil a drop in the bucket for the annual US military budget.
Maybe you should grow up and stop labeling everything you don't like as liberal.
Bill
Look at your wife and kids, how much would you put on them if you lost them like he did?
Why don't you go get killed in an accident, so your family can sue and collect millions, then? Oh, because you just like to whine when others get compensated for their misfortune? Get over yourself, pal.
Wow. That's wonderful [sarcastic]. If this isn't the biggest slap in the face to others who have lost loved ones due to the 'government' and yet cannot sue or go after it for wrong doing. Ugn, this Judge must be getting quit a BIG under the table deal. $18 million for their emotional loss. What about the thousands....never mind forget it because this post will no doubt get attacked.
YES, they do deserve some money but that is just over the top.
Right on NY-NY!
Sorry but disagree. Different kind of situation. And rated both you and Boomer down just for the hell of it.
Rated them down? Just disagree and then shut up...
And I imagine the familly of the pilot got the $35,000 life insurance policy given to military members who die. And zero for their future emotional distress..
The pilot didn't die.
What is really fair? Money just can't replace a family.
For 5 grand I could go China and buy him a new wife and two replacement kids with change to spare... 17 million was well over fair market value..
Anyone who loses a family member can relate to how this man is feeling, especially since he lost his wife and both of his daughters. This money will not make him happy or satisfied, only his lost loved ones could do that and now they can't. Prayers and well wishes to both the men as they both lost those dear to them, it may have been a few years ago but I'm sure the hurt is still as fresh as it was that day.
I know EXACTLY what this man is going through and what he WILL go through as the years go by. My wife and twin boys were lost in the shoot down of KAL 007. I don't even have a grave site to go to. A person never fully recovers from something like this. No amount of money will bring them back, it just helps with the readjustment when he needs help from mental support groups. (and he will)
To the ones that think this is all BS, take a long look at your family sitting there and imagine what you would do if in one moment, they were ALL gone, never to return. If you manage to keep your sanity, you would be doing good.
I pray peace be with you as soon as possible starbuck49.
Well said. Loved ones lost in any fashion is hard to accept.
Things to consider:
$18 mil is alot of money, but I bet a jury would awarded alot more.
The law allows for this type of compensatiion so the judge was not out in left field on this. However, I do not believe there should be recovery for emotional damages. You can't put any value on this so why provide compensation for it. It's like I'm distraught but I will feel alot better receiving a financial windfall. And the thing about the guy believing raindrops were the tears of his dead wife - give me a break. To me it's just like trying to hit the lottery because of death.
Yeah he is hitting the lottery. What a dumb thing to even think. How about if the person that was killed was going to buy a lottery ticket for 650 million but couldn't. The point is no one knows what would have become of this person, that is why the family should be compensated for it. I would love to know if you would give the money back if it was awarded to you in such a horrific loss, I 'm willing to bet you wouldn't.
So the State determined that this guy's wife was worth $6 million, and his daughters $1.3 million and $800,000, respectively. In America even the value of individual human lives is appraised from a Capitalistic perspective.
Ayn Rand is cackling in her grave...
Whatever happened to that stupid pilot?
He should have died with the plane, IMO. If u guys are worried about wasting tax money -- let's start with that guy and the support team for that plane...
I wouldn't trust that guy to fly even a Cessna plane, much less protect the country...
The pilot did everything he could do to get that jet home. It's engines failed over open water. He requested landing at NAS North Island on the coast. They said no, go to MCAS Miramar, inland. He tried to keep it aloft as long as he could. He was maybe 1/2 mi from the runway when it started to nosedive. There is a canyon between the houses and a freeway. Tragically, the jet ended up in the houses. About 200 yards from the canyon.
Me?... I blame the schmoo that wouldn't let him land at No. Island. Though, the point can be made that he should have gone against orders and landed there anyway. He still would have lost his career, but the family would have still been intact.
Lola thank you for your post.
When I read some of the news stories I misinterpreted what I read and thought the pilot made the decision not to land at the Navy base.
As I reread some of those news reports I see that was not what was said.
Thank you for clearing up my misunderstanding/
Lola3, if what you're saying is true, then the pilot IS completely to blame. Declaring an emergency gives the pilot the absolute right to do whatever he thinks is necessary. He could, and should have, landed where he originally wanted to. After he was ordered to the farther field, all he has to do is say "Unable" and continue to the closer field. His lack of courage to defy "orders" is ultimately responsible for this. I doubt he would have lost his career.
If it didn't happen that way; if he made the decision to try for the farther field, then his incompetence is to blame.
That better be tax free money .... if the govt comes back and taxes it 50%, that would be just wrong...
Did you read the news this week? A man got $7.5 million in court for slipping and hitting his head at a Starbucks. Well, the HUGE award reported here is merely for a man losing his entire family when a hotdog pilot failed to ditch his plane at sea out of harm's way and instead tried and failed to make it back to the Marine base. Honestly, slipping and falling vs. having your entire family, your home and love wiped from the face of the earth. This award was way too small. It should have been punitive.
.The only money awarded would be the money awarded for lost wages.. Pain and suffering and emotional distress is non taxable.
What were the lost wages in the Starbucks incident?
I read the article but can't remember the number, however the predicted lost wages stated seemed small to me.
He deserves even more - but this poor man lost his family, at least he should get some compensation. That amount is very low considering military spending.
None of you are pilots, you're all lame for some of the statements you have made on here. Accidents happen, and yes -- planes can malfunction for any variety of reasons. They're machines, built and maintained by humans. Parts can fail, engines can fail.
One thing I can tell you is this (by the way, I am a pilot), an engine failure of any kind in an aircraft can quickly go to catastrophic in a blink of an eye. In a Cessna, you might have enough time to recover and make a hard landing. In a fighter jet that is low and slow, you're doomed. The pilot in question was a student pilot -- which means his experience level in that complex an aircraft is low. You lose an engine when you're short final, the aircraft is going down. You do not have the time to "pick" a "safe" place to land. He had time to make one decision, ride it out, or punch out -- he punched out.
Maybe idiot city council members shouldn't approve idiot developers to build so close to an airfield that serves complex jet aircraft. Again, accidents happen.
I have no problem at all with the money awarded, it should have been more. But the municipality should have been liable too for approving housing so close to an active runway/airfield, etc.
I have had one engine failure in my time piloting small planes. I was flying a Piper Cherokee 140 out of Arlington, Texas. As I turned to my crosswind, the engine sputtered once, then the sound we never like to hear, the sound of nothing. I was 750 ft. off of the ground in a climbing turn, over powerlines. The taxiway had traffic, as did the active 16 runway. My only choice was to keep the turn going, try to avoid the powerlines and the apartments and land on Collins Street -- which I did - I had not time for a restart try. All of this happened in a mere 27 seconds. So you experts really ought to shut up.
This is more of the problem, and it exceeds the family and the pilots. The military establishes these bases and then over time people develop all around them, then complain of noise and traffic and the accidents that WILL occur with military aircraft being pushed to the limit.
I know the US Navy got fed up with the problems at Miramar and they moved to Fallon Nevada when the state of Nevada made them a great deal and prevented future encroachment. Luke AFB and Phoenix arranged a similiar deal protecting it from development and encroachment. Yuma Az is following along also.
But california just doesnt seem to get the picture. I am surprised a major airline hasn't dropped one right in downtown San Diego yet they way that airport is surrounded.
I live within crash range of all the major New York Metropolitan airports. What are we supposed to do? According to you, we should probably just abandon the area.
AZrancher, appreciate your perspective. It is a good idea to limit development around military bases. Those who settle around them assume a certain degree of risk. Just as those who settle near refineries, nuclear plants, flood plains, train tracks, etc do. While the overall risk is low, the price is steep in the event a disaster or accident does occur.
Mike Hyde
This didn't happen in the "blink of an eye".
The pilot reported a mechanical failure. He asked for a safe landing area. He was directed to a coastal Navy base. He decided not to go there. Instead he attempted to return to MCAS Miramar.
Low oil pressure killed the first engine, the second ran out of fuel.
Does this change anything for you?
Mike Hyde
Lola clears up something that I misunderstood if you read the post above. #8.1
The Navy rejected the pilot and didn't let him land at their base.
Still the same question:
Does this change anything for you?
@!$%# happens.
Money does not replace family. Pay for counseling, funeral costs, etc, but emotional stress is not worth money.
Don't worry about Mike, he is just a loud mouth know it all. People like that just show ignorance, not analysis.
I agree that the award was too small for what this man lost! Anyone who doesnt agree should come back and post after they lose their entire family in a terrible accident like this.
Mike:
This was not an engine failure. The hotdog ran out of fuel and was instructed to direct his plane to a safe location with time to spare. He opted not to do this. Read the old news reports. It was shameful.
You're so right, Bob-it was shameful. Had he flown to the Navy base at North Island we wouldn't be talking about this today. But sadly he had to prove something and keep going to Miramar. He has to live with this and since he still flies for the Marines hopefully he is a better trained pilot.
I pray for Mr. Yoon and hope he is finding his way after this tragedy. He is dignity personified, and a model for us all to follow.
Planes fail. This one did and it took lives. Happens...
You people upset over the amount might be happy to know my uncle sued the Federal Government in 1990 something and won 30 million. He never received a dime of it nor his kids for his death of radiation poisoning.
My nephew was killed in Iraq in a non armoured humvee, $12000 went to his father, think that is a good number for a father for a government snafu? snafu hell, they knew a year in advance they were going into urban combat but the plating for their vehicles didnt get there for 4 years.
What bothers me about this $18 million settlement is the inequitable distribution of monies to families who lose their relatives to sudden accidents like this.
I lost my mother when I was a little kid to a car accident. What did I get? Nothing at all.
Something feels wrong about this...but just my little opinion.
And a very little opinion it is, reflective of your very little heart. It bothers you? It bothers you? Let me tell you something, pal - you bother me. Something doesn't feel wrong about you. Something is wrong about you. Get over yourself, and get help. You need it.
Where the hell did this ridiculous jerk-*** come from?
What got you 2s panties in a wad.Leftover feelings from childhood.He's all right.
They could have died an hour later from a car crash and got squat. This is just greed.
You're just pissed you didn't get a cut, you whiner.
Right on!
Right on! justvisiting.........not a whiner....
The families are certainly entitled to compensation, but how does one arrive at a figure to compensate for emotional distress? Is there an amount of money that makes the emotional distress go away? I would better understand if it were determined that faulty maintenance or design resulted in the tragedy. Then we would be talking punitive damages which is certainly a way to make it not-profitable for companies or agencies to cut costs or do sloppy work. A punitive award is punishment pure and simple. I just don't know how one quantifies emotional distress.
Yes.let's agree we all can't know how we would react unless in that situation ourselves.I really worry about this country.Here on a forum talking about this issue I see the self centered,narcissistic,immature viewpoints that are ruining us.Sure,a lot of money for this tragedy should be awarded. But we aren't basing the lost income on what someone,say an rn ,like me would make,but someone important like a banker.Hell,it pays so well why not get an unpopular uncle and stage an accident.ANd we are the government.Not some unknown wealthy corporation,but one that is about bankrupt-[referring only to monetary matters,right].So how badly do we feel.Pretty badly,but that badly?..And the lawyers were disappointed
Regardles of the amount awarded no one is going to approve ie.. to much, to little, deserved, undeserved, point is everyone will sue for whatever they can get whenever the opportunity presents itself and that is what is wrong with the system because the lawyers go after the deepest pockets because THEY get 1/3 of the settlement.
The sad thing is that the lawyer will get 60% of this.