As trusted car accident lawyers in San Diego, the team at HHJ Trial Attorneys believe that it’s critical to stay up to date with not only the latest settlements and verdicts related to car accidents and personal injury but also the ones from years past. This blog will cover the 2023 settlement between the city of San Diego and the families of two men, one that was killed and one that was severely injured, as a result of being hit by a car outside Sharp Mary Birch Hospital for Women & Newborns in 2015.
The accident occurred on September 15, 2015, on Health Center Drive in Kearny Mesa. Jaime Leonen tragically lost his life, while Jorge Lopez sustained severe spinal injuries, leaving him permanently disabled.
The City Council unanimously approved the settlement, following a civil trial that concluded with a hung jury.
The Incident and Lawsuit
The lawsuit, filed by Lopez and Leonen’s family, accused the city of negligence for failing to address safety concerns along the 3000 block of Health Center Drive. This stretch of road had long been recognized as a danger zone for pedestrians, with numerous prior accidents documented. Court documents reveal that at least 13 other pedestrians had been struck on the roadway before this incident.
According to the plaintiffs, Sharp hospital staff had repeatedly warned city officials about the risks, dating back to 2001. Despite these warnings, the city allegedly failed to implement meaningful safety measures.
“They weren’t the first, the fifth, or even the tenth people to be struck midblock by a passing motorist,” stated court documents. “By the City’s own admission, they would ultimately become the fourteenth — and hopefully last — victims to be seriously injured or killed along Health Center Drive.”
A Family’s Heartbreak
Lopez, his wife Dianna, daughter Danielle, and her boyfriend Jaime Leonen had parked along Health Center Drive on the evening of September 15 to visit a relative at the hospital. Believing it was safe to cross, Lopez and Leonen attempted to traverse the road but were struck by an oncoming vehicle, hidden by a steep dip in the roadway.
Leonen was thrown nearly 30 feet, suffering fatal injuries. Lopez endured multiple surgeries and a lengthy hospitalization, incurring medical expenses exceeding $1 million.
The emotional toll on Lopez and his family was immense. In an interview, he reflected on the aftermath: “When you wake up and find out we lost him, my first reaction was, why him and not me? That question stayed with me for a long time.”
Recurring Danger
The lawsuit emphasized the city’s awareness of the risks posed by Health Center Drive. A San Diego Police officer had even warned officials about the roadway’s hazards months before the incident, following another pedestrian collision.
Experts testified during the trial that the road’s dip creates a visual blind spot, comparable to a vehicle turning off its headlights for five seconds when traveling at 35 mph. This visual obstruction could give pedestrians a false sense of security.
Vision Zero and Preventable Tragedies
Jaime Leonen’s death marked one of 54 traffic fatalities in San Diego in 2015, the same year the city launched its Vision Zero initiative. This program aims to eliminate traffic-related deaths through improved road design and enhanced safety measures.
Since Vision Zero’s implementation, more than 400 people have died in traffic-related accidents in the city, according to public records.
Calls for Action Ignored
Attorney Brett Schreiber, representing the Lopez and Leonen families, criticized the city for years of inaction. He highlighted numerous pleas from Sharp hospital staff urging the city to address the dangers of Health Center Drive.
“Sharp executives had been reaching out to city leaders for over a decade, asking them to make this section of roadway safer,” Schreiber said. “Whether it was apathy, indifference, or bureaucratic delays, nothing was done.”
One suggested solution was the installation of no-parking signs along the north side of the road, which Schreiber argued could have significantly reduced pedestrian crossings and, consequently, accidents.
Settlement and Moving Forward
The family initially sought $12 million in damages. Although the civil trial jury fell one vote short of holding the city liable for a larger sum, the eventual $4.8 million settlement represents a step toward accountability.
Lopez expressed mixed emotions, noting that while the settlement provides some closure, the lasting impact of his injuries remains.
“We’ll never forget what happened, but emotionally, we can start to heal and move forward as a family,” Lopez said.
