US Government To Pay $55M To Mother and Daughter Hurt in 2002 Crash

June 24, 2009

Orange County - Seven years after a car crash that gravely injured a mother and left her daughter paralyzed, the $55 million personal injury award was upheld by U.S. District Court Judge Alicemarie Stotler.

Michael Leinert, a computer specialist for the US Department of Defense ran a red light and broadsided the Chevrolet June Gutierrez was driving. She was with her then 4 year old daughter Leilani after a trip to South Coast Plaza for Mother’s Day. The impact caused the car to hit a utility pole and flip.

The crash damaged Leilani’s cervical spinal cord and left her as a ventilator-dependent quadriplegic requiring round the clock nursing care. She has had 24 surgeries since the accident but fortunately has suffered no brain damage.

Leilani will receive $54M in personal injury damages, $23M for medical bills and $31M for other damages. The mother, June was awarded $1M for physical and emotional injuries. It the largest personal-injury award ever against the government.

Although the judgment was awarded in September 2007, the U.S. government filed an appeal regarding the amount of damages. The two year appeals process was over the $31 million for damages which they found unreasonable. The government may still file an appeal within the day regarding the damage award.