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Calva-Cerqueira v. United States | 281 F. Supp. 2d 279 (2003)

If someone negligently injures you, what damages can you recover? And what do you have to prove to receive a damages award? We explore those questions in Calva-Cerqueira versus United States.

A United States-owned and -operated bus collided with eighteen-year-old Enrique Calva-Cerqueira’s car. In the years before the accident, Enrique experienced drug problems. He also suffered from depression. At the time of the accident, however, Enrique planned to attend college. He worked part-time at a fast-food restaurant where he’d received several promotions. Enrique was also a talented soccer player. His parents were highly educated.

The accident rendered Enrique a quadriplegic. He required constant care. He had to wear braces and undergo therapy, both of which were painful. Enrique also suffered serious brain damage. His memory and cognitive functions were impaired.

Enrique sued the United States pursuant to the Federal Tort Claims Act. The district court found that the government was responsible for the accident. It then conducted a bench trial to assess damages. Enrique sought damages for pain and suffering, past medical expenses, future lost wages, and future medical expenses.

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