MTA considers $21M payout in ’03 Muni death

A $21 million settlement for the death of a 4-year-old girl who was fatally struck by a Muni maintenance truck in 2003 will be discussed Tuesday in a closed-door session by board members of the Municipal Transportation Agency.

Elizabeth Dominguez was killed when a maintenance truck driven by Muni employee Sebastian Garcia spun out of control and crushed her against a building wall as she walked home from preschool with family and friends.

In September of 2005, a San Francisco jury deemed Garcia negligent and awarded more than $20 million to Dominguez’s father, Humberto, and mother, Sylvia Lopez. Candelaria Valencia and Monica Valencia, two of Dominguez’s family friends who were also injured in the incident, were awarded more than $6 million in the decision.

The City Attorney’s Office appealed the decision, however, and lowered the settlement total to $21 million, according to city attorney spokeswoman Alexis Thompson. No money has yet been handed over to any of the four plaintiffs in the suit, Thompson said.

If the MTA’s board of directors decides to approve the settlement offer they will have three fiscal years to make the $21 million payment, Thompson said. If the board decides to not approve, different terms of the settlement will be sought and litigation will continue, Thompson said.

Humberto Dominguez could not be reached for comment Friday, and calls to his attorney, Kevin Boyle, were not returned. Through a translator, Dominguez spoke to The Examiner in February of 2005 following the death of his daughter.

“Life is very different now,” Dominguez said. “A part of me has been taken away. It’s like being alive and being dead at the same time.”

wreisman@examiner.com

Bay Area NewsLocalTransittransportation

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

Dr. Grant Colfax, director of the San Francisco Department of Public Health. (Kevin N. Hume/S.F. Examiner)
SF moves into purple tier, triggering curfew and business shutdowns

San Francisco moved into the state’s purple COVID-19 tier Saturday, requiring The… Continue reading

San Francisco lacks housing data that would let it track rental vacancies and prices. New legislation is seeking to change that.<ins> (Photo by Joel Angel Jurez/2016 Special to S.F. Examiner)</ins>
Landlords blast proposal to require annual report on rentals as invasion of privacy

Housing inventory could give city better data on housing vacancies, affordability

University of San Francisco head coach Todd Golden coaches his team on defense during a 2019 gameat War Memorial Gymnasium on the campus of the University of San Francisco. (Ryan Gorcey / S.F. Examiner)
Stunner in Bubbleville: USF upsets fourth-ranked Virginia

Less than 48 hours removed from a loss to a feeble UMass… Continue reading

Health care workers would be the first group in the state to receive the COVID-19 vaccine. (Go Nakamura/Getty Images/TNS)
Hope on the way: Here’s what to know about California’s COVID-19 vaccine plan

The first batch of doses could hit the state as soon as early December

The Big Game was played Friday at Memorial Stadium in Berkeley. (Shutterstock)
Stanford blocks extra point to stun Cal, win 123rd Big Game 24-23

The 123rd edition of the Big Game featured a number of firsts.… Continue reading

Most Read