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
Court
San Mateo Superior
Attorneys
Plaintiff
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
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