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Calva-Cerqueira v. United States

United States District Court for the District of Columbia
281 F. Supp. 2d 279 (2003)


Facts

In 1998, a vehicle driven by 18-year-old Enrique Calva-Cerqueira (plaintiff) was negligently struck by a bus owned and operated by the United States government (defendant). The collision caused Enrique to suffer severe injuries, including paralysis and severe mental disability. Prior to the accident, Enrique had been preparing for college and was an excellent soccer player. Enrique brought a negligence suit against the government, claiming compensatory damages in the amount of $20,000,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq. At trial, Enrique provided expert testimony on his pain and suffering, past and future medical expenses, and lost future wages. The court determined that Enrique was entitled to the total amount of requested compensatory damages. The government challenged the amount of damages requested by Enrique.

Rule of Law

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Issue

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Holding and Reasoning (Urbina, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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