$55 Million Settlement Against U.S. Government Upheld

By Andrew Weatherford

Published on July 03, 2009

A $55 million personal injury settlement against the U.S. Government was upheld last week. The government had appealed the settlement that was originally awarded in September 2007 to a mother and daughter who were injured in a 2002 car accident caused by a federal employee.

Jane Gutierrez and her daughter, Leilani, were injured on Mother's Day 2002 as they were driving south on Newport Avenue in Costa Mesa, California. Michael Leinert, an employee for the U.S. Department of Defense, ran a red light as he was driving on Wilson Street and crashed into the Gutierrezes' vehicle, causing it to hit a utility pole and flip over.

Leilani Gutierrez, who was four years old at the time of the crash, suffered severe spinal cord injuries that left her a quadriplegic. Although she suffered no brain damage, she requires around the clock nursing care. Of the $55 million settlement, she received $23 million for medical expenses and $31 million in other damages. The remaining $ 1 million of the settlement was awarded to Jane Gutierrez for physical and emotional injuries.

Although the U.S. Government claimed that the $31 million in damages awarded to Leilani Gutierrez was unreasonable, the entire $55 million settlement was upheld.

The settlement is believed to be the largest personal injury award in Orange County history in addition to being the largest personal injury award ever against the government.

Comment on this article →