Gutierrez

MEMORANDUM **

The Government appeals the award of non-economic damages in the amount of $31 million to Leilani Gutierrez who, at the age of four, was a passenger in a vehicle broadsided by a government employee. The Government argues that the award is *494 excessive in both “absolute” and “comparative” terms. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court.

The parties are familiar with the background of this case, so we do not repeat it here.

We review an award of damages under the Federal Tort Claims Act for clear error. Shaw v. United States, 741 F.2d 1202, 1205 (9th Cir.1984). A district court’s finding of damages is clearly erroneous only if, after reviewing all of the evidence, we are “left with the definite and firm conviction that a mistake has been committed.” Id. (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395 , 68 S.Ct. 525 , 92 L.Ed. 746 (1948)). “Under the Federal Tort Claims Act, damages are determined by the law of the State where the tortious act was committed.” Hatah-ley v. United States, 351 U.S. 173, 182 , 76 S.Ct. 745 , 100 L.Ed. 1065 (1956); see also Molzof v. United States, 502 U.S. 301, 305 , 112 S.Ct. 711 , 116…