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Personal Injury
Negligence
Tow Truck Incident

Robert Fabris v. Rogerio DeOliveira

Published: Aug. 17, 2004 | Result Date: Jan. 26, 2004 | Filing Date: Jan. 1, 1900 |

Case number: CIV429125 Verdict –  $0

Judge

Phrasel L. Shelton

Court

San Mateo Superior


Attorneys

Plaintiff

William E. Weiss


Defendant

Anthony F. Pinelli
(Williams, Pinelli & Cullen LLP)


Experts

Plaintiff

Paul Bologna
(medical)

Defendant

Brian Doherty
(technical)

Facts

Robert Fabris, 45, was attempting to tow Rogerio DeOliveira's vehicle from the parking lot of the Peninsula Pines Apartments complex in San Francisco. DeOliveira had just moved into the complex and did not have a parking permit yet. Fabris claimed he had placed the vehicle onto the tow truck dolly, when DeOliveira entered the vehicle and drove it off the dolly. Fabris sued DeOliveira for negligence, alleging that the his neck was injured as a result of the jostling of the tow dolly. The defendant contended that he was babysitting for his friend's son when he was informed about his car being towed. The defendant then went downstairs, got into his car and drove off the tow dolly before it was lifted into the air. The defendant also contended that the force on the plaintiff's body was insufficient to have caused injury.

Settlement Discussions

The plaintiff demanded $15,000 and the defendant offered waiver of costs.

Specials in Evidence

$2,600 $16,000

Damages

The plaintiff contended that the injuries disabled him from pursuing one of his jobs as a longshoreman.

Injuries

The plaintiff claimed soft-tissue injuries to his neck.

Result

DEFENSE

Deliberation

two hours

Poll

11-1

Length

four days


#107568

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