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Record
$27 Million Jury Award
Record $27 Million Jury Award Against City and
County of San Francisco for Pedestrians in Muni Crash
 SAN
FRANCISCO, Sept. 1 -- A San Francisco Superior Court jury returned
a verdict of over $27 million ($27,394,567) today for the victims
of a Municipal Railway truck crash on February 11, 2003 that killed
4-year-old Elizabeth Dominguez and injured and severely traumatized
her mother, the little girl's best friend and her best friend's
grandmother.
The eight-woman, four-man jury awarded over $27 million in compensatory
damages against the city of San Francisco after determining that
the truck's driver, Sebastian Garcia, was negligent and that he
was 100 percent responsible for the accident. The jury heard over
three weeks of testimony and deliberated for five full days.
The victim's mother, Sylvia Lopez Dominguez, father, Humberto Dominguez,
and two friends, Monica Valencia and her grandmother, Candelaria
Valencia, were represented by the Los Angeles law firm of Panish,
Shea & Boyle by Brian J. Panish and Kevin R. Boyle and the Law Offices
of Kirk B. Bernard, also in Los Angeles.
Little Elizabeth Dominguez died of head injuries after Garcia's
truck pinned her against the wall of a pizza restaurant in San Francisco's
Mission District on Feb. 11, 2003. During trial, six eyewitnesses
testified that Garcia deliberately ran a red light and attempted
to accelerate through the intersection when his truck was struck
by another vehicle and jumped the sidewalk where Elizabeth and her
mother and friends were walking home from preschool.
After the verdict was read, plaintiff's attorney Brian Panish noted
that he requested a letter of apology from the Mayor for the families
and the request was denied. "City officials still have never said
they were sorry for the horror that Garcia's negligence caused these
families," Panish said. This verdict was the second consecutive
verdict in the last two months for Brian Panish that exceeded $25
million.
Verdict
A superior court jury decided Thursday that the
city of San Francisco should pay $27.4 million to two families because
of a two-car accident that sent a municipal truck hurtling into
pedestrians, killing a 4-year-old girl.
If it stands, it would be the highest personal injury verdict ever
against San Francisco, according to the city attorney's office.
Plaintiff lawyer Kevin Boyle, in court with co-counsel Kirk Bernard
on Thursday, called the verdict "a monument to the loss suffered
by this family."
As the jurors trickled out, some paused outside the courtroom to
hug the plaintiffs, and a couple seemed to be fighting back tears.
In the 2003 accident, Municipal Railway worker Sebastian Garcia's
city truck collided with another car, then ran onto a sidewalk and
fatally pinned Elizabeth Dominguez to the wall of a pizza parlor,
according to court documents.
Elizabeth was walking with her mother, Sylvia Lopez Dominguez, Candelaria
Valencia, who suffered a leg injury, and Valencia's granddaughter.
Boyle, Bernard and co-counsel Brian Panish represented Elizabeth's
parents and the two Valencias. "They hope," Panish said later, "the
city will finally accept responsibility for what occurred."
The city attorney's office, which had been represented in court
by deputy city attorneys John Aubrey and Karen Kirby, voiced sympathy
for the victims, but also said the jury went too far.
"Our hearts go out to the family of Elizabeth Dominguez, as well
as the driver, whose life was forever altered by a terribly unfortunate
accident," said Matt Dorsey, spokesman for City Attorney Dennis
Herrera.
Herrera's office has been "sympathetic to the notion of reaching
some kind of just compensation," Dorsey added. "But it's our position
that the evidence simply does not support an award of $27 million,
which appears excessive in several respects."
The city attorney "is evaluating his post-trial options," Dorsey
added.
He said that the plaintiffs at one point in the trial had suggested
numbers that added up to about $100 million in compensation. Boyle
countered Thursday that the plaintiffs had never named a specific
number, and had just posed rhetorical questions about the value
of what his clients had lost.
Thursday's $27,394,567 verdict was made up entirely of compensatory
damages, because the jury did not find city employee Sebastian Garcia's
conduct malicious, said Boyle.
Though the verdict amount doesn't approach any of the top 10 verdicts
in California last year, it was higher than almost all of the 2004
verdicts in San Francisco Superior Court, according to Verdict Search,
a Recorder affiliate that tracks verdicts.
The city maintained that the verdict in Dominguez v. San Francisco,
422963, is difficult to measure against others, though. "There were
four plaintiffs," Dorsey noted. And, he added, "It was a freak accident."
Back in July, before the civil trial started, the city appeared
worried that Garcia wouldn't testify for the defense because he
was also facing a misdemeanor charge of vehicular manslaughter that
hasn't gone to trial.
The city tried unsuccessfully to delay the civil case until the
criminal one was resolved by arguing that the court was forcing
Garcia to choose between asserting his Fifth Amendment rights and
defending against civil liability.
In the end, according to Boyle, Garcia waived his Fifth Amendment
rights and testified. His criminal trial has also been pushed back,
until early next year.
Boyle and Panish, from Panish, Shea & Boyle, and Bernard, from the
Law Offices of Kirk B. Bernard, are based in Los Angeles.
$27 million judgment in death of girl
Award is likely largest levied against city
By Justin Jouvenal, Staff Writer, San Francisco Examiner
September 1, 2005
A jury awarded four plaintiffs more than $27 million
Thursday in the death of four-year-old Elizabeth Dominguez, who
was killed when a Muni maintenance truck spun out of control in
2003 and crushed her against the wall of a pizzeria as she walked
home from pre-school with family and friends.
The jury found that the driver, 58-year-old Muni maintenance worker
Sebastian Garcia, was negligent when he ran a red light at 24th
Street and Potrero Avenue, smashed into a car, jumped a curb and
then plowed into a group that included Dominguez on Feb. 11, 2003.
The jury awarded more than $20 million to Dominguez's parents, Sylvia
Lopez and Humberto Dominguez, as well as more than $3 million apiece
to Dominguez family friends Candelaria Valencia and Monica Valencia,
a grandmother and granddaughter who were also injured in the crash.
If the ruling stands, it would likely be the largest single personal
injury judgment against the City of San Francisco, according to
City Attorney Dennis Herrera's office.
Through a translator, Humberto Dominguez said he was grateful the
three-and-a-half week trial had finally drawn to a close. It took
the jury five days to reach a verdict.
"I want to thank God that justice has been done," Dominguez said,
gazing up at the sky. "My daughter is happy at what occurred here
today."
The suit was filed against Garcia and The City in July 2003 in San
Francisco Superior Court. Garcia was on duty with Muni at the time
of the crash, so The City was liable in the case.
Matt Dorsey, a spokesman for the City Attorney's Office, said The
City felt for the family but that the award was too large.
"We all know this is a horrific human tragedy. Our hearts go out
to the family and the driver," Dorsey said. "We believe the award
is excessive in a number of ways. The City Attorney is evaluating
his options."
Dorsey said Herrera would likely make a decision in the next few
weeks whether to appeal the judgment. When asked why The City didn't
settle the suit, Dorsey said the attorney representing the plaintiffs,
Brian Panish, had floated a settlement of around $100 million during
the trial. Panish said he tried to settle the suit with The City,
but he said City officials were not interested.
Garcia, who is still employed by Muni, will face criminal charges
later this year. The accident prompted The City to paint new stripes
at the 24th Street and Potrero Avenue crosswalk and post a crossing
guard at the location.
SAN FRANCISCO - $27 million jury award in
girl's killing
4-year-old was struck by Muni truck in 2003
Charlie Goodyear, Chronicle Staff Writer
Friday, September 2, 2005
A San Francisco jury awarded $27 million Thursday
to the family of 4- year-old girl killed in 2003 when she was struck
by a Muni truck.
After 3 1/2 weeks of trial, jurors deliberated almost five days
before deciding for the family of Elizabeth Dominguez.
"I just want to thank God that justice has been done," said her
father, Humberto Dominguez, at a press conference in front of City
Hall. "My daughter, who is in heaven, is happy."
The jury found that the driver, Sebastian Garcia, had been negligent
when he drove into the intersection of Potrero Avenue and 24th Street
on Feb. 11, 2003. Elizabeth was walking on the sidewalk with her
mother when Garcia's truck hit her, pinning her against a restaurant.
The girl died at the scene.
Authorities investigated whether Garcia had run a red light, but
the San Francisco district attorney wound up charging him with misdemeanor
vehicular manslaughter, rather than a more serious felony. The girl's
family said Garcia deserved more severe prosecution, but a spokesperson
for then-District Attorney Terence Hallinan said at the time that
conflicting witness accounts dictated what charges could be filed.
Garcia, who is still employed at Muni, is scheduled to stand trial
in January.
"We would like to thank the jury," said Brian Panish, the attorney
who represented the Dominguez family in the civil lawsuit against
the city that was decided Thursday. "It's been a long fight for
this family, and they just want to move on with their lives."
If the verdict stands, it would be the largest personal injury award
ever made by a jury against the city and county of San Francisco,
according to Matt Dorsey, spokesman for City Attorney Dennis Herrera.
"We asked first for a written apology from the mayor," said Panish,
when asked about attempts to settle the matter, which began with
a claim filed against the city for $25 million. "We tried to settle
the case, and they refused to do that."
Dorsey said a settlement hadn't been reached before trial because
"the plaintiff's attorneys weren't willing to engage in reasonable
settlement negotiations" and because, given "the number of facts
in dispute in the case, there's no way to say that any outcome was
preordained."
In their lawsuit, the Dominguez family argued the city should have
improved safety at the busy intersection before the accident occurred.
"We continue to believe that the evidence does not support an award
of $27 million," Dorsey said, adding that city attorneys were reviewing
all post- trial options, including an appeal to a higher court.
"We all acknowledge this was a horrific human tragedy, and our hearts
go out to the family of Elizabeth Dominguez as well as to the driver
whose life has been forever altered by this terrible accident,"
he said.
Muni spokeswoman Maggie Lynch declined to comment.
Disclaimer:The
cases and results set forth herein are a sampling of results achieved
on behalf of clients of the Law Offices of Kirk Bernard. This is
a partial list and does not constitute a promise, guarantee or warranty
of any kind. Please remember that these cases and the results achieved
were determinant on many factors and results differ from case to
case depending on the circumstances particular to each instance.
IF YOU, OR A LOVED ONE, HAVE
BEEN SERIOUSLY INJURED IN AN ACCIDENT - CALL TODAY FOR A FREE CONSULTATION!
Call Kirk Personally - "I'm Here to Help
You!"
1-800-CALL KIRK
1-800-225-5547
The Law Offices of Kirk Bernard
10940 Wilshire Blvd. Ste. 2150
Los Angeles, CA 90024
Voice: (310) 578-7700 • Fax: (310) 208-5777
www.4injured.com
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