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MUNI Truck Accident Victims Awarded $27 Million

Posted: 7:55 pm PDT September 1, 2005

Four-year-old Elizabeth Dominguez died after being hit by a San Francisco Municipal Railway truck in 2003. Today, more than two years later, a San Francisco jury awarded her family and another family more than $27 million.

At 3:15 p.m. on Feb. 11, 2003, the driver of the truck, Sebastian Garcia, then 58, crashed at the corner of 24th Street and Potrero Avenue, smashing into Elizabeth, her mother Sylvia Lopez, Elizabeth's best friend Monica Valencia, and her friend's grandmother Candelaria Valencia, according to police reports.

The group was walking home from the Buena Vista Prekindergarten school located at 2641 25th St. at the time, the plaintiffs' attorney Brian Panish, of Panish, Shea & Boyle LLP, said.

The eight-woman, four-man jury took five days following the three and one-half week trial to set damages against the city of San Francisco, after determining Garcia was negligent and that he was 100 percent responsible for the accident, according to court documents.

"They were just minding the law and crossing on a green light," Panish said.

San Francisco police, in accordance with the testimony of at least six eyewitnesses to the accident, found that Garcia was headed west on 24th Street when he ran a red light and collided in the middle of the intersection with a silver Mitsubishi Gallant, causing him to drive up on the sidewalk where he struck the group of pedestrians.

Garcia testified in the trial that he had driven through the intersection on a green light. However, the city's own accident reconstructionist said he believed Garcia entered it on a yellow light, according to Panish.

The two women and Monica Valencia were injured in the accident and Elizabeth, having suffered serious head trauma after being pinned against the wall of a pizza parlor, died of her wounds.

Matt Dorsey, spokesman for City Attorney Dennis Herrera, said that, while the city realizes the tragedy of the accident, the sum of $27 million is quite excessive, as it is likely the highest personal injury verdict ever handed down in San Francisco.

"It's important to remember that this trial wasn't about whether or not this was a serious tragedy. It was," Dorsey said. "This trial was about whether and to what extent four plaintiffs should be compensated for the accident."

In all, Sylvia Lopez was awarded more than $15 million, Candelaria Valencia was given just over $3.3 million and Monica Valencia received more than $3.5 million, court documents stated.

Though not physically involved in the accident, Elizabeth's father, Humberto Dominguez, was awarded $4 million for the death of his daughter and $500,000 for the dissolution of his marriage to Lopez, according to court documents.

"I am glad this has come to an end," Humberto Dominguez said. "We have been through a lot and hope now that the healing can begin."

However, Dorsey said the city is currently weighing all of its "post-trial options," which include appealing the verdict.

"We've been sympathetic to the notion of reaching just compensation, but the evidence does not support an award of $27 million," Dorsey said.

Panish said that while he is not sure if the city will appeal the case, he expects it will continue to deny its role in the accident.

"We asked the city for an apology from the mayor . . . we tried to settle the case (out of court)," Panish said. "I just assume they will continue denying responsibility."

Dorsey said the city has acknowledged its part in the incident, and said an apology has been given.

"We have from the beginning acknowledged that this was a horrific human tragedy. We're human beings too," Dorsey said. "Our hearts go out to the family of Elizabeth Dominguez, as well as to the driver, whose life has been forever altered."

According to the San Francisco District Attorney's Office, Sebastian Garcia is scheduled to appear in court for charges stemming form the incident on Jan. 20, 2005.

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