Facts

June Gutierrez was driving a private vehicle southbound on Newport Boulevard. Leilani Gutierrez was a passenger in this vehicle, and she was properly secured in her car seat. The Gutierrez vehicle entered the intersection with Wilson Street on a green light. While in this intersection, the Gutierrez vehicle was struck from the right passenger side by a vehicle driven by Michael Leinert. Mr. Leinert was traveling eastbound on Wilson and entered the intersection against a red light in contravention of California Vehicle Code Section 21453(a).

Mr. Leinert's vehicle hit the right side of the Gutierrez vehicle, causing it to lose control. The Gutierrez vehicle left the roadway and struck a utility pole on the passenger side, and then fell onto the driver's side. Both vehicles were extensively damaged.

At the time of this collision, Mr. Leinert was acting within the course and scope of his employment by the United States and the Department of Defense as a computer specialist.

Injuries

Leilani Gutierrez, now nine years old, a ventilator-dependent quadriplegic, paralyzed from the neck down. Her paralysis is at the C2 level. Since the incident, Leilani Gutierrez has endured 25 surgeries and medical procedures, and spent approximately 250 days in the hospital. June Gutierrez developed a severe case of Post-Traumatic Disorder (PTSD) as a result of seeing her daughter injured.

Result

Judgment decided by U.S. District Court Judge Alicemarie H. Stotler: $54,143,370 to Leilani ($3,840,350 to past medical expenses, $18,667,553 for future medical expenses, and $31 million for non-economic damages); $1,040,918 to June Gutierrez ($29,132 for past medical expenses, $49,286 for out of pocket expenses, $212,500 for future medical expenses and $750,000 for non-economic damages).

Other Information

FILING DATE: Sept. 15, 2004.

Length

eight days