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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 driver. 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.
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