This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Thomas and Thora Manikas v. Foster/Crossman dba Crystal Dairy

Published: May 31, 1997 | Result Date: Mar. 24, 1997 | Filing Date: Jan. 1, 1900 |

Case number: CV541743 –  $31,666

Judge

William M. Gallagher

Court

Sacramento Superior


Attorneys

Plaintiff

Angelo Vitale

Robert P. Fowler


Defendant

James K. Davis


Experts

Plaintiff

Edward O. Gammel
(medical)

Defendant

John F. Perry
(technical)

Hirum B. Morgan Jr.
(medical)

Facts

On July 15, 1993, plaintiffs Thomas and Thora Manikas, a retired married couple in their 70s, were driving out of an alley when the defendant's Crystal Dairy truck attempted to back out of the alley and rearended the plaintiff's vehicle several times. The plaintiffs brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff husband made a C.C.P. º998 settlement demand for $45,000. The plaintiff wife made a C.C.P. º998 settlement demand for $40,000. The defendant made a C.C.P. º998 offer of compromise for $32,501 (to the plaintiff husband) and $36,501 (to the plaintiff wife).

Injuries

The plaintiff wife alleged she suffered neck, back and shoulder injuries. The plaintiff husband alleged he suffered back injuries, with a history of prior back surgeries.

Other Information

The verdict was reached approximately two years and eight months after the case was filed. The plaintiffs requested a trial de novo. The plaintiffs' motion for new trial was denied. The defendant's motion to tax costs was granted, awarding the defendant $19,000 in costs. Per the defendant, the jury felt that the plaintiffs over treated and that they should have recovered within three months.

Deliberation

8 hours

Poll

12-0

Length

13 days


#79608

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390