Humberto Dominguez, Sylvia Lopez, Candelaria Valencia, and as guardian ad litem for Monica Valencia v. City and County of San Francisco, et al.
Published: Nov. 5, 2005 | Result Date: Sep. 1, 2005 | Filing Date: Jan. 1, 1900 |Case number: CGC03422963 Verdict – $27,386,600
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Brian J. Panish
(Panish, Shea, Boyle & Ravipudi LLP)
Kevin R. Boyle
(Boyle Law)
Defendant
Karen E. Kirby
(Office of the San Francisco City Attorney)
Experts
Plaintiff
Laura Mayorga
(medical)
Alan Siegal
(medical)
William F. Blythe
(technical)
Richard R. Coughlin
(medical)
Mark I. Levy
(medical)
Michael Vostrejs
(medical)
Defendant
Rudy Degger
(technical)
Facts
In 2003, four-year-old Elizabeth Dominguez and her friend, Monica Valencia, were walking home from
preschool with Elizabeth's mother, Sylvia Lopez, and Monica's grandmother, Candelaria Valencia. A utility
truck that had been involved in a nearby accident jumped onto the sidewalk and struck and killed Elizabeth.
Elizabeth's father, Humberto Dominguez joined Lopez and Valencia in a suit against the City and County of
San Francisco and the utility truck's driver, Sebastian Garcia. The plaintiffs alleged vehicular negligence.
Specials in Evidence
Candelaria Valencia sought an unspecified amount of past and future medical expenses. Candelaria Valencia claimed an unspecified amount for her lost earnings.
Damages
Elizabeth's parents claimed damages for wrongful death. Elizabeth's mother claimed bystander damages for emotional distress. Elizabeth's father claimed spousal loss of consortium. Candelaria Valencia claimed damages for emotional distress on behalf of herself and her granddaughter. She sought an unspecified amount of past and future medical expenses; and unspecified amount for her lost earnings.
Injuries
All the plaintiffs involved in the collision claimed they suffered from severe post-traumatic stress disorder. Candelaria Valencia suffered a fractured femur that resulted in a shortened leg. She also suffered a pulmonary embolism. Monica Valencia suffered bruises and scrapes on her head and body.
Result
$27,386,567; a jury found Garcia and the City 100 percent liable for the accident. Lopez was awarded $15,033,546; Dominguez was awarded $5.5 million. Candelaria Valencia was awarded $3,318,000; and Monica Valencia was awarded $3,535,021.
Deliberation
five days
Poll
11-1
Length
seven weeks
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