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
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
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
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