As reported by the Huffington Post, and several news media, a husband left bereft by the loss of four family members, that included his wife, two young children and mother-in-law when a Marine Corps plane piloted by a trainee crashed into their home, has been awarded $17.8 million for himself and other surviving family members.
The federal judge ordered that the U.S. government pay the amount though D.Y. had sought $56 million for his emotional and monetary losses. The breakdown of the award will be $9.6 million to D.Y., $3.7 million to his father-in-law and $1.5 million each to three remaining children.
Family members that died on December 8, 2008, were D.Y.’s mother-in-law, S.K.L., his wife, Y.L.Y., and his two daughters, G.Y. and R.Y.
S.K.L., 36, was at the family’s home in San Diego with her two daughters, 15 month old G.Y. and 2-month-old R.Y., while D.Y. was at work the day of the crash in 2008. S.K.L. was only visiting the family from her home in Korea to help her daughter care for her two young children.
Of U.S. District Judge Jeffrey Miller’s ruling, D.Y. felt that it was “thoughtful, reasoned and just.”
On the same day, exactly three years from the day D.Y. had chosen to bury his wife and children in the same casket, D.Y. found himself breaking down into tears while giving his testimony. His only comfort, D.Y. told the judge, was in the thought that he would some day be rejoined with his family.
D.Y. said, “Our family is relieved this part of the process is over, but no sum of money will ever make up for the loss of our loved ones.”
In a statement made by the Marine Corps, the accident was explained as a mechanical failure – and was coupled with several bad decisions made by the student pilot who chose to bypass a coastal Navy base landing when his engine failed. Instead, the student ejected himself just in time to see his plane crash into two dwellings and erupt into flames.
During the three-year long proceedings, the government admitted its liability but failed to agree on the amount of money due to D.Y. in compensation for his losses. The government lawyers estimated a $1 million in economic losses to the family. In regards to how much should be paid for loss of love and companionship, the government lawyers left that decision up to Judge Miller.
Government lawyers did offer their condolences to the remaining family members – but raised questions as to how much they depended on the deceased.
Family member had flown in from Korea to give their testimony and Brian Panish, the family’s attorney, had shown photos and videos of their family life in court as well. Judge Miller took all of this into account in his ruling.
The judge said that D.Y., in loosing his two little girls, will forever be bereft of “the comfort, companionship, society and love a young child is capable of providing to a new parent and, then, in later life. By all accounts, the (Y.) girls would have been raised with traditional cultural and family values emphasizing love and devotion to parents and family.”
In the loss of D.Y.’s wife, Miller wrote that S.K.L. was an “extraordinary woman whose profound and loving influence greatly molded, directly or indirectly, virtually every plaintiff in this case. And it's that remarkable influence which informs and helps to measure what fair and reasonable compensation should be awarded in this case.”
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