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LARGEST PERSONAL INJURY VERDICT IN SF HISTORY 11/16/05 2:40 PST SAN FRANCISCO (BCN) The parents of a 4-year-old killed in a Municipal Railway accident in San Francisco in February 2003 have been awarded the largest personal injury verdict from the city of San Francisco in the city's history. Elizabeth Dominguez was killed when a Muni maintenance truck jumped the sidewalk near 24th Street and Potrero Avenue, pinning Dominguez to the wall of a pizza restaurant. In September, a San Francisco Superior Court jury offered a total verdict of $24.7 million to the four plaintiffs, which include Dominguez' parents, as well as Monica Valencia, a classmate of Elizabeth's, and Monica's grandmother Candelaria Valencia, who both witnessed the accident. Today the San Francisco Superior Court released a court order that offers the Dominguez parents a sum of $15.5 million in damages, $5 million less than they were awarded in the jury trial. Alternatively, the court order states that the parents could opt to have a new trial solely on the matter of damages. If it stands, today's total amended verdict of $22.5 million, which includes $3.1 million in damages for Candelaria Valencia and $3.5 million in damages for Monica Valencia, would be the largest personal injury verdict owed by the city of San Francisco. "The court order was actually a very good one for the plaintiffs,' said Kevin Boyle, a lawyer for the plaintiffs. Sylvia and Humberto Dominguez and are still exploring their legal options and have not decided whether or not they will accept the $15.5 million verdict, said Boyle. The money to pay the plaintiffs would come out of the city's general funds, said Matt Dorsey, spokesman for the San Francisco City Attorney's office. Dorsey said the city attorney's office was disappointed in the amount of the reduction in the award specified by in the court order, as well as the fact that the court found that the driver of the vehicle that hit the Municipal Railway truck was found to be not liable. The city of San Francisco has the option to appeal the case to the California Court of Appeal, and could then also appeal to the California Supreme Court, Boyle said. City Attorney Dennis Herrera is reviewing the city's legal options, according to Dorsey, but it is "very likely' that Herrera will appeal the case.
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