Ida Manning v. Russel George and Donald Elia and Does 1 through 10
Published: Dec. 11, 1993 | Result Date: Nov. 29, 1993 | Filing Date: Jan. 1, 1900 |Case number: 4863452 – $159,025
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
Defendant
Experts
Plaintiff
John McCreary
(medical)
Venu Gopal
(medical)
David M. Yoshida M.D.
(technical)
Darryl R. Zengler M.A.
(technical)
Defendant
Norman Johnson
(technical)
Facts
On December 9, 1992, John E. Manning, a 79-year-old retired deputy labor commissioner, was out for his evening 3-4 mile walk before dinner. He stopped underneath an overhead lighted lamppost, at the "T" intersection of Twain and Fruit avenues. He began to cross the street at an angle into the unmarked crosswalk. A vehicle proceeding on Fruit from the northbound direction yielded for Mr. Manning, but the driver stated the pedestrian did not look to his left or right. When Mr. Manning got to the center of the four-lane roadway, he began to jog across the number one southbound lane and entered the number 2 southbound lane. He was then struck by Defendant Russel George Elia, D.C., who was driving a 1982 Pontiac motor vehicle. Defendant did not see the decedent until approximately 130 feet before impact. The skid speed analysis indicated that he was traveling 43-45 mph in a 40 mph zone. He struck the decedent at 35 mph. Plaintiff was the decedent's widow, Ida Manning.
Settlement Discussions
Plaintiff contends she made a 998 demand of $100,000 and Defendant made a 998 demand of $10,000.
Injuries
Wrongful death of Plaintiff's spouse.
Deliberation
1.75 hours
Poll
11-1 negligence, 11-1 causation, 10-2 damages, 12-0 Plaintiff's decedents causation, 12-0 allocation of fault
Length
3.5 days
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