Jury in Zisette case finds for Manhattan Beach family

Mason Zisette’s yearbook photo from his sophomore year at Mira Costa High School. Photo courtesy Amy Zisette

More than two years after a tragic accident took the life of Manhattan Beach teenager Mason Zisette, a jury delivered a multi-million dollar verdict for his family, bringing some closure  and hope for future reforms that could prevent similar accidents.

Zisette, who was 16 at the time of the accident, died as a result of injuries sustained when the back of his head struck a freeway overpass on the evening of July 10, 2014;  Zisette was riding on the upper-level of a tour bus with some three dozen other teenagers for the 16th birthday celebration of friend Tatum Schlossberg.

Zisette suffered a traumatic brain injury, and died two days later. His parents Amy and Matthew Zisette sued bus operator Starline Tours as well as Schlossberg’s mother Jolie, who had organized the birthday outing. The verdict, rendered Nov. 18 after a six-week trial in the courtroom of Judge Brian Currey at Compton Superior Court, provided for $26 million in damages.

According to Victor George, who represented the Zisette family at trial, it is the largest jury verdict in U.S. history for the wrongful death of a minor. The jurors apportioned $10 million for loss of love in the time since Mason’s death, and $16 million in prospective losses, including the future loss of care that Mason would presumably have provided to his aging parents.

In an interview, Amy Zisette said she believed that the size of the verdict was due in part to the testimony during the trial about Mason’s character. Along with George, she was able to interview some of the jurors following the verdict, and she said they found this evidence crucial to their decision.

Mason had just finished his sophomore year at Mira Costa High School, and was a member of the varsity tennis team, she said. He was the co-founder of a service organization called the Manhattan Beach Volunteers, and had spent three years teaching tennis to competitors in the Special Olympics.

“I think it was very important that they were given a chance to know the type of young adult he was,” she said, noting that two of their surviving three children testified at trial. “Hearing from the jury, they were very, very appreciative that they had a chance to get to know him.”

The suit turned on George’s arguments that Starline had not taken adequate care in operating the tour bus, and had failed to warn about the dangers associated with standing on the bus’ second-level. Starline had argued that Mason was at least partially responsible for his own death because he, like other kids on board that night, had consumed alcohol. Medical reports following his death found that Mason’s blood-alcohol level was at least .107; while motorists under 21 should register a BAC of 0, that level is also above the legal-driving impairment level for adults, which is .08.

Lisa Collinson, who was among the attorneys representing Starline in the case, said that the fact that the guests were under 21 meant that the company was not anticipating intoxicated riders. Testimony at trial showed that Jolie Schlossberg provided the alcohol to the partygoers, conduct that Collinson called “egregious.”

“These are 16-year-old kids — no one suspected that they were going to be bringing alcohol,” she said.

A message left for the Orange County office of attorney Nicole Whyte, who represented Schlossberg at the trial, was not returned.

The jury ultimately sided with the Zisettes, finding Starline 75 percent liable, Schlossberg 20 percent liable and Mason five percent. George said that the plaintiffs were able to prevail because the jury ultimately agreed that alcohol was not a factor in Mason’s death. The lack of safety measures on the bus, he said, meant that the death would have occurred regardless of alcohol consumption.

“Alcohol had nothing to do with Mason’s injuries,” George said. “He did not die of alcohol poisoning, he did not fall off the bus onto the freeway, he did not drive while intoxicated. His death occurred as kids were standing and dancing on the upper-deck. He just unfortunately was looking the wrong way.”

Mason Zisette, second from left, with fellow members of the Manhattan Beach Volunteers at an event on the beach in 2014. Photo courtesy Amy Zisette

The party began about 3 p.m. July 10, 2014. Guests arrived at the Schlossberg home and were taken on a guided tour of Hollywood by Starline, George said. About 7 p.m., the bus was heading back to the South Bay, and boarded a freeway for the first time that night.

According to George, text messages introduced at trial showed that Schlossberg purchased six small bottles of vodka for the party, and told her daughter to “spread them around” to guests.

Collinson said the contract that Schlossberg signed in advance of the party specifically prohibited bringing alcohol on board, and that Schlossberg was also told this in person by a Starline employee.

At the time the bus boarded the freeway, Mason and other guests were on the bus’ upper level. Music playing on top was provided by Starline, George said. Mason and others were dancing on an 18-inch riser located near the front of the bus.

Standing on the upper deck was not permitted, Collinson said.

Mason was looking north as the bus was heading southbound on the 405 Freeway, and he struck the back of his head on the Spruce Street overpass in Inglewood about 7:45 p.m., George said. The bottom edge of the overpass is 15 feet one inch high.

At the time Mason hit his head, bus driver Jose Curiel, tour guide Mike Sonksen and the Schlossbergs were the only adults on the bus and all were downstairs, George said. There was conflicting testimony at trial about who was responsible for safety: Sonsken said it was the bus driver’s responsibility, while Curiel testified that the tour guide handled guest safety.

At trial, George identified a number of safety deficits that he argued contributed to Mason’s death. He pointed to the lack of seatbelt use, and the absence of a microphone that would allow the driver to communicate with people on the upper deck. He also said that Curiel’s training was inadequate. Though the bus was freeway legal, Curiel had never taken it on the freeway, and had minimal field experience as a driver.

“He should have been trained better. He only trained for about 15 minutes, and he had only been with Starline for about three months,” George said.

Collinson said that Starline’s practices at the time met industry standards. Expert testimony at trial, she said, revealed that open double-decker buses were common, and that no other company hired security guards.

Nonetheless, the company has since taken on expanded safety measures. A security guard is now present on all tours, and the company strongly encourages the use of seatbelts, Collinson said.

The changes come at a time of increased scrutiny on tour bus operators. In October, an accident near Palm Springs killed 13 people riding a tour bus home from a trip to a casino. Zisette said that she plans to dedicate a portion of the proceeds from the suit to pushing for enhanced safety measures on buses. She plans to meet with local legislators, including state Sen. Ben Allen and Rep. Ted Lieu, to discuss new laws, such as mandating the use of seatbelts.

Since the accident, the Zisette family has been touched by an outpouring of support of the Manhattan community. It has helped them move on from the tragedy while keeping Mason’s memory alive.

“I think that the biggest thing for us is that our kids know we are a family of six and we always will be,” Zisette said. “That’s important to them, and they know that.”

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