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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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Wow, $17.8 million. That is about the monthly take of some of them Hedge Funders, Bankers, and Wallstreeters.
The average American would think that's the jackpot.
Them there Financial Frauders would look at it as another day of shuffling numbers on computer screens, neither of which belong to them.
That $100 Oil start to sink in yet?
With all due respect to those who lost family members, I strongly disagree with this verdict. Accidents DO happen in this world, and to use this as a way to "make money" is just plain wrong.
There are (possibly) direct losses from an economic point of view. Leave it at that. The pilot did not intentionally lose an engine. The government did not ignore maintenance for this airplane. It was an accident, not planned.
Where is a line drawn?
Wasn't really an accident.
The pilot was directed to land an a coastal Navy base and chose instead to try and return to his base.
The military disciplined 13 members of the Marines and the Navy.
AZRancher, no amount of money can replace the lives lost that day and the family torn apart. I have family that lives 2 blocks from the crash site, and I myself was able to see the smoke from where I live. It was surreal. That being said, I just want to clarify something you said about over development near MCAS Miramar ,and I think you even said it was a reason for the Navy moving to NAS Fallon in Nevada, Actually, if it were only that simple. for an individual branh of service to up and go as they wished!!! In 1993, the BRAC, aka Base Realignment and Closure Commission reccommended that MCAS El Toro and MCAS Tustin be moved to Miramar, and The Naval Fighter Weapons School (TOP GUN) be moved to NAS Fallon. BTW, the approach to Miramar is east of the I-15, and no where near the crash site.
I did not condemn the settlement, all that money and 50 million more will not replace your family. Thats between them and the courts. But I spent over a decade out there active duty Marine Corps, I remember that they closed Tustin and El Toro because of the increasing complaints of newly established residents. El Toro was surrounded by strawberry fields, then it was all over developed and the home owners complained daily about aircraft noise and FOD falling onto their properties. NAS Miramar was receiving the same increasing complaints as housing began sprining up all around it. The Navy decided it would rather move to more suitable location, the Marines originally were leaning towards moving all air assets to MCAS Yuma Az. but in a dispute with San Diego over the Miramar base takeover the Marines were moved their instead.
It seemed the city of San Diego wanted it for the new airport complex and the military wanted to retain it instead.
I am surprised this does not happen more often myself. The Air Force at Luke AFB in Phoenix has had several incidents were jets have crashed just off base on take off or landing, but they only hit open fields since the city of Phoenix purchased the land extending out from the base and allows no development or building within that zone just for that reason.
I know that a base can not just up and relocate as it wishes, but the branch can relocate the squadrons assigned to the base to other locations, the marines do this routinely from a Air Station to a ship and back to another Air Station. If the Navy or Marines reassign the squadrons away from a location then when its all said and done there is not much justification to pay to keep a base operational then. They do this, or threaten to do this, in order to push and get their way. When a community see's it is at risk to lose the millions of dollars in revenue a military base pours into the community it usually tries to work with the service to retain it there.
California seems to be the exception, it like getting rid of military property. The Marines even went so far as having MCRD San Diego placed on the national historic register to keep san diego city from pushing them out for airport expansion.
Nothing can compensate for the loss of a loved one....but when you sue the government, who pays? Not the schmucks who made the wrong decisions, but the taxpayers. It is a lose/lose situation.
I'm just disappointed.
Accidents happen, I wasn't in the plane with the pilot so I cannot attest to what he was told or directed to do when he called in his SOS. I can't blame the family for the crash but can I speculate on what I'd have thought when buying a home between two bases that have jets flying actively, sure. However I can scoff and be disappointed at the amount of money placed on a human life and their potential speculated income for the rest of their lives, when none of us can say for with surety that they would have made that much income.
I mean really, my husband did all the cleaning and cooking in my home, he had O.C.D., it made my life easier to let him do it, so when he was killed in Iraq, should I have gotten the same amount of money of the loss of services, past and future, he would have provided? Should not all military spouses who have lost someone in the war not be awarded the same amount?
We lose loved ones every day, whether it be due to their health, their job, or an accident should we not receive awards for the loss of services, potential income, speculative income and loss of affection and love and all those other things we lose when they go?
This begs the questions of whose life is worth more in my opinion. Is the life of a civilian taken in a tragic accident worth more than the soldiers, sailors, marines and airmen who are dying in service of this country?
Some of my comrades died while I was in the Army. It caused me emotional distress. Where is my $18 mil?
lets be real. no one would saying anything bad if it was a "white all american" family.
The sad thing is that the lawyer will get 60% of this.
this was a horible accident, but a marine does not question a reasonable order. they will do their best to successfully complete the order. the award was unreasonably high. these people would never have earned that much and if it had been a drunk driver instead of the military, the award would have been a fraction of the award. the taxpayer is stuck paying for the plane and the damages.
How many millions did the lawyers suck off the victims? The families deserved the award but the "shameful and criminal" fees the lawyers will get is the real story here.
Just think of the Billions owed to dependents of the U.S. Army that have died in the crashs of the defectively built (known by Army and Sikorsky) UH60A. Known in the military as (Yard Darts).
Over 400+ of our men/women killed in their first Two Years of flying. 1982-1984
Another 400+ killed after junk fix of problem. Pin Filters !!!
We lost 5 men in Honduras crash in 2002.
Stabilator always max down. Cause of crash EMI. Aircraft built without shielded wiring. To Save Weight. Navy and all other services had correct wiring. Many more faults with aircraft and military and Sikorsky knew it. They are the ones that caused the deaths.
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I would have given the rest of the surviving family a one way ticket back to China.. Or is it Korea? As long as they aren't here...
"The rain was my dead wife's tears because she felt so bad for me.." WTF??? No, it was just Gods way of telling you that you need to take a shower Wee Duck Dong...
This is a tragic story but what I would like to ask is "what makes these peoples' lives so valuable?" People are wrongfully killed every day but no judge awards the survivors millions of dollars. I guess they were lucky that someone with deep pockets killed them. The government is responsible for the deaths of people all the time but those other deaths are not so profitable.
Yep.
Another racist scumbag on Newsvine, assuming those killed and those compensated aren't REALLY americans because, you know, their NAME is funny.
Tell you what; if we're gonna start throwing people away because they don't have the right papers, name, or attitude...
...let's start with Anti.
The family should really sue the realtor for selling a house that was in the ACIUZ. Anyone looking at a map of the neighborhood can see the path that the planes and jets have to take to land and take off. Although sad for the loss, the family made the decision to buy that house and the risks associated with being so close to the base.