Liezl Domingo vs. Michelle Quema

Case Background

The lawsuit was filed on July 25, 2023 by Plaintiff Liezl Joy Domingo and Jay Ar Domingo in the California State, Contra Costa County, Superior Court (Case number: C23-01831) and was presided over by the Judge Charles S. Treat.

Cause

On May 17, 2022, Michelle Mariko Quema operated her vehicle negligently and recklessly near the intersection of Pinnacle Court and Valley Run in Hercules, California. She drove at an excessive speed and failed to maintain proper awareness of her surroundings. This created a hazardous situation that endangered others on the road. Her actions directly led to a collision between her vehicle and an electric GoKart operated by J.D., a minor child. The impact was so forceful that it caused immediate and significant injuries to J.D. The accident occurred in a residential area where children often played, highlighting the severity of Quema’s negligence.

Injuries

In the Negligent Driving lawsuit, the collision inflicted severe physical injuries on J.D. These injuries affected multiple areas of J.D.’s body, compromising the child’s overall health, strength, and physical capabilities. The trauma from the accident caused immediate pain and led to ongoing physical limitations that impacted J.D.’s daily life and activities. Beyond the physical injuries, J.D. suffered significant mental and emotional trauma, including persistent anxiety, fear, and emotional distress.

Damages

As a direct result of the negligent driving and accident, J.D. incurred substantial past and future general damages, including pain, suffering, and a diminished quality of life. The accident also led to significant special damages, such as extensive medical expenses for emergency treatment, ongoing care, and rehabilitation. Property damage to the electric GoKart added to the financial burden. Furthermore, the injuries sustained potentially impaired J.D.’s future earning capacity, as the long-term effects of the trauma could limit educational and career opportunities.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):Liezl Joy Domingo | Jay Ar Domingo | J.D., a  minor, by and through her guardian ad litem, Liezl Joy Domingo
    • Counsel for Plaintiff: Kevin S. Conlogue, Esq | Christopher P. Orlando, Esq. | Justin Farahi, Esq.

 

  • Defendant(s):Michelle Mariko Quema
    • Counsel for Defendants: Austin L. Houvener

Claims

The first claim, filed on behalf of J.D., was for negligence. This claim asserted that the defendants breached their duty of care. In particular, Michelle Mariko Quema operated the vehicle in a reckless and negligent manner. The negligence claim also included potential failures in the hiring, training, supervision, and retention of employees or agents involved in the vehicle’s operation, suggesting a broader scope of responsibility beyond just the driver’s actions.

The second claim, filed on behalf of J.D.’s parents, Liezl Joy Domingo and Jay Ar Domingo, was for negligent infliction of emotional distress. This claim stemmed from the parents’ presence at the accident scene and their direct observation of the traumatic event involving their child. The plaintiffs argued that witnessing the collision and their child’s subsequent injuries caused them severe emotional distress, including suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, and shock.

Jury Verdict

On June 11, 2024, a jury of 12 rendered a verdict in favor of the defendant. They held that Michelle Mariko Quema was not negligent towards the plaintiff.

Court Documents:

Available upon Request