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Dr. Manges is
sometimes asked to testify regarding cases he has evaluated.
Most of the cases are settled before trial and some are settled
during the trial itself. Although 70% of Dr. Manges’ time is
spent on evaluating cases for the defendant, most of the time
these cases are settled before trial. However, when the parties
cannot settle a case and Dr. Manges is called to testify he is
more frequently called to testify by plaintiff’s counsel to
explain his findings. The following are excerpts from the Ohio
Verdict Reporter of cases in which Dr. Manges has appeared. The
cases are those the attorneys have chosen to report, they were
not cases chosen to be listed in the Verdict Reporter by Dr.
Manges. They are listed here to give the reader an example of
Dr. Manges’ testimony experience and are publicly available
through court records.
TOPIC:
Auto Accident - Improper Turn - Liability Admitted
AGE: 54
SEX: F
OCCUPATION: Registered nurse
MARITAL STATUS: Divorced
FACTS:
Plaintiff and defendant were traveling in the same direction
toward the intersection of Aubar and Dryden Roads in Montgomery
County. Defendant began to make a right turn on red. He
suddenly changed his plans and made a left turn across
plaintiff's lane of travel, intending to turn into a gas
station. Defendant struck the left rear portion of plaintiff's
automobile. Plaintiff missed a few days of work during the
first few months following the collision. She was subsequently
dismissed, allegedly due to accident related injuries.
Plaintiff underwent two to three surgeries without a good
result. Dr. Manges was an expert
forensic psychologist who offered testimony for the
defense.
TOPIC:
Auto Accident - Loss of Control - Sudden Emergency
AGE: Early 20's
SEX: M
OCCUPATION: Heavy equipment operator
MARITAL STATUS: Single
FACTS:
Plaintiff was a passenger in an automobile operated by
defendant. While traveling in rain on a road with several
curves and hills in the Miamisburg area, defendant lost control
of his automobile. The vehicle crossed the center line and
struck a tree. Plaintiff suffered a linear fracture of the
cervical vertebrae. Defendant was killed in the collision. Dr.
Manges offered testimony as a
psychological expert witness.
TOPIC:
Auto/Truck Accident - Left of Center - Liability Admitted
AGE: Vickie - 36; William -
SEX: F
OCCUPATION: Janitor
MARITAL STATUS: Married
FACTS:
Plaintiffs mother, father and daughter were traveling on State
Route 128. Defendant Hayes was operating a dump truck owned by
Defendant xxx. traveling in the opposite direction. Defendant
crossed the center line to avoid a tractor-trailer that was
stopped in his lane of travel, and struck plaintiffs' Volkswagen
Rabbit automobile. Plaintiff’s father and daughter were injured
and plaintiff mother suffered fatal injuries. Dr. Manges offered
testimony as a vocational disability
expert and vocational expert
witness.
TOPIC:
Product Liability - Hospital Bed - Electrical Shock
AGE: 25
SEX: F
OCCUPATION: Nurse assistant
MARITAL STATUS: Divorced
FACTS:
Plaintiff was employed as a nurse assistant by Providence
Hospital. She allegedly suffered an electrical shock due to a
short in a patient's hospital bed. The bed was manufactured by
Defendant Hillenbrand Industries.
Plaintiff alleged that defendant was negligent and strictly
liable in manufacturing a defective bed and in failing to
inspect the plug and ground wire. Dr. Manges offered
forensic psychological
testimony.
TOPIC:
Electric Shock - Motel Door - Bare Wire Touching Frame
AGE: 40
SEX: M
OCCUPATION: Air Force retiree
MARITAL STATUS: Married
FACTS:
Plaintiff and his family were guests at Defendant xxx Inn.
Plaintiff and his son attempted to enter an exterior door of the
motel which was equipped with an electronic locking system. As
they contacted the door, both father and son received an
electric shock. Plaintiff father suffered an injury to his
right arm and the son had exit burns on his feet. A bare wire
touching the door's metal frame was found near the locking
device. A report of another shock had been made on the day of
the incident, but the desk clerk related it to a static shock
incident at a different door. Dr. Manges offered testimony as a
vocational and psychological expert.
TOPIC:
Auto Accident - Exiting Parking Lot - Right-of-Way
AGE: 37
SEX: F
OCCUPATION: Nurse
MARITAL STATUS: Married
FACTS:
Defendant pulled out from a parking lot intending to make a left
turn just as plaintiff was making a left into the parking lot.
The two vehicles collided. Plaintiff alleged that defendant
was negligent in failing to yield the right-of-way and she
suffered an elevated scapula due to constant trapezial spasm,
requiring shoulder surgery and resulting in permanent loss of
use of her dominant arm. Dr. Manges provided testimony relating
to the plaintiff’s chronic pain, her
vocational disability and as a
psychological expert.
TOPIC:
Auto Accident - Intersection - Underinsured Motorist
AGE: 18
SEX: M
OCCUPATION: Pizza delivery person
MARITAL STATUS: Single
FACTS:
Plaintiff alleged that he suffered an aggravation of preexisting
asymptomatic spondylolisthesis of the spine as a direct result
of the collision, requiring two surgeries and resulting in 6%
permanent partial disability, and that he was entitled to
underinsured motorist benefits. Dr. Manges provided testimony
regarding the plaintiff’s diminished
vocational capacity.
TOPIC:
Truck Accident - Rear-End - Merging in Construction Zone
AGE: 41
SEX: M
OCCUPATION: Truck Driver (self-employed)
MARITAL STATUS: Married
FACTS:
Plaintiff was operating a truck on I-70 approaching a
construction area. Defendant xxx was operating a tractor-trailer
for Defendant xxx in the same direction. Both parties were
traveling in a merge area when defendant rear-ended plaintiff's
truck. Plaintiff alleged that he was stopped in traffic at the
time of the collision, and that defendant driver was negligent
in failing to keep a proper lookout and in failing to maintain
an assured clear distance ahead. Dr. Manges provided
vocational expert testimony.
TOPIC:
Auto Accident - Intersection - Red Traffic Light
AGE: Mid 30's
SEX: M
OCCUPATION: Laborer
MARITAL STATUS: Married
FACTS:
Defendant allegedly ran a red light at an intersection in
Hamilton County and broadsided plaintiff's automobile. Property
damage was minimal to moderate. Both vehicles were driven from
the scene. Plaintiff alleged that: (1) defendant was negligent
in disregarding a red light; (2) he suffered soft tissue low
back injuries as a direct result of the collision, resulting in
continuing pain and suffering, and (3) he had to take a lower
paying job with another employer due to his injuries. Dr. Manges
provided testimony as a vocational
expert and psychology expert
witness.
TOPIC:
Auto/Truck Accident - Crossing Through Stopped Traffic
AGE: Donald-48
Kimberly-43
SEX: M,F
OCCUPATION: Donald-cement truck driver
Kimberly-clerical worker
MARITAL STATUS: Married
FACTS:
Plaintiffs were traveling northbound in the center lane of
travel. Northbound traffic in the curb lane was stopped.
Defendant xxx was operating a dump truck for Defendant xxx
Construction Company. The driver in a vehicle traveling in the
curb lane waved defendant driver to pass in front of his truck
and through both northbound lanes to proceed southbound.
Defendants' dump truck collided with plaintiffs' oncoming
vehicle, totaling it. Plaintiffs alleged that defendant driver
was negligent in failing to yield the right-of-way. Plaintiffs
further alleged that plaintiff husband suffered facial scarring,
soft tissue neck and back injuries and a torn rotator cuff and
plaintiff wife suffered a fractured rib, nerve damage to her arm
and a sprained ankle as a direct result of the collision.
Defendants admitted liability, but contended that plaintiffs
were exaggerating the extent of their injuries and damages. Dr.
Manges provided testimony regarding
malingering as a
psychological expert and
mental health psychological evaluations regarding
assessment of psychological and
vocational loss.
TOPIC:
Auto Accident- Underinsured Motorist Claim
AGE: 30
SEX: F
OCCUPATION: Office manager
MARITAL STATUS: Married
FACTS:
Plaintiff allegedly sustained a herniated cervical disc in an
auto accident, requiring surgery. The tortfeasor's insurance
carrier settled with plaintiff for $50,000 policy limits.
Plaintiff subsequently filed this claim with Defendant State
Farm for underinsured motorist benefits. Plaintiff alleged
that: (1) she suffered severe neck, shoulder and arm pain,
headaches and depression as a direct result of the collision;
(2) as a result of her injuries, her work performance was poor
during the year following the accident, causing her to lose her
job as an office manager; and (3) she was only able to work a
maximum of 20 hours per week in a sedentary position due to her
injuries. Dr. Manges provided testimony as both a
vocational expert witness and
vocational disability expert.
TOPIC:
Multi-Vehicle Collision - Assured Clear Distance
AGE: 58
SEX: F
OCCUPATION: Homemaker
MARITAL STATUS: Married
FACTS:
Plaintiff xxx was driving on I-74. Defendant xxx Building
Products' employee was operating a truck in the opposite
direction. The employee rear-ended a third party's truck at a
high rate of speed, forcing it across the median and into
plaintiff's vehicle. Plaintiff alleged that defendant's
employee was negligent in failing to maintain an assured clear
distance ahead and in traveling at a high rate of speed,
resulting in the collision with her vehicle. Dr. Manges provided
testimony as a stress management expert due to the consequences
of the plaintiff’s psychological and
vocational functioning post injury.
TOPIC:
Employment - Sex Discrimination/Retaliation - Promotion
AGE: 44
SEX: F
OCCUPATION: Business manager
MARITAL STATUS: Married
FACTS:
Plaintiff is a female who was employed in a management position
by defendants. She applied for a promotion. Defendants
ultimately chose a man to fill the position. Plaintiff alleged
that: (1) defendants discriminated against her based on gender;
and (2) defendants retaliated against her for being active in
raising the union's women's issues in the workplace in violation
of ORC ¤4112.02. Defendants contended that a more qualified male
deserved the promotion and that they did not discriminate or
retaliate against plaintiff. Dr. Manges provided testimony as a
sexual harassment expert witness.
TOPIC:
Auto Accident - Loss of Control - Alcohol
AGE: 18
SEX: M
OCCUPATION: Laborer
MARITAL STATUS: Single
FACTS:
Plaintiff was a passenger in a vehicle operated by defendant
friend traveling at night on a private lane on a farm. Both
parties had attended a party at which alcohol was served.
Defendant friend lost control of his vehicle and struck a tree.
Plaintiff suffered numerous orthopedic injuries. Defendant
insurance companies were plaintiff's underinsured motorist
carriers. Plaintiff alleged that: (1) defendant driver was
negligent in driving under the influence of alcohol and in
losing control of his vehicle; (2) he suffered multiple
fractures as a direct result of the accident, resulting in
permanent scarring and a permanent limp; and (3) defendant
driver was underinsured, entitling him to underinsured motorist
benefits. Dr. Manges testified as a
vocational expert and
psychological expert.
TOPIC:
Medical Malp. - Seizures - Signing Driver Permission Form
AGE: Mother-41
Son-11
Daughter
SEX: F,M
OCCUPATION: Mother-executive director
MARITAL STATUS: Mother-married
FACTS:
Plaintiffs (mother, father, son and daughter) were stopped at a
traffic light when their vehicle was rear-ended at a high rate
of speed. Plaintiff mother suffered a thoracic fracture,
resulting in paraplegia. Plaintiff minors suffered hip injuries.
Plaintiff father was unhurt. The operator of the other vehicle,
who had a history of seizure-related auto accidents, suffered
fatal injuries. The State of Ohio Bureau of Motor Vehicles had
sent a request for a physician's statement to the driver six
months before the accident. The driver had been treating with
defendant neurologist for 10 years. Defendant signed the
permission form, stating that the seizures were under effective
medical control. Plaintiffs alleged that defendant knew the
driver had been involved in two accidents during the previous
six months and continued to have seizures, and that defendant
was negligent in signing the permission form. Dr. Manges
provided expert testimony regarding
psychological trauma and
vocational functioning post injury.
TOPIC:
Medical Malpractice - Spinal Cord Compression - Defense
AGE: 35
SEX: F
OCCUPATION: Teacher
MARITAL STATUS: Single
FACTS:
A teacher who suffered from spinal cord compression claimed
defendants' failure to timely order decompression surgery caused
neurological damage and decreased work-life expectancy.
Defendant’s doctor and hospital claimed they did not violate the
standard of care. A defense verdict was returned after 1.5 days
of
deliberations. Plaintiff xxx, age 35, presented to Defendant
Bethesda Hospital, Inc.'s emergency department complaining of
bilateral numbness and tingling. Defendant xxx, M.D., an
employee of Defendant xxx Emergency
Specialists, evaluated plaintiff and ordered a C-spine and MRI
to check for spinal cord compression. Defendant xxx testified
that the treating radiologist reported to him that the MRI
showed no compression of the spine. Plaintiff was sent home with
instructions to follow up with a neurosurgeon the following
week. Plaintiff's symptoms progressed and the neurological
evaluation the following week showed significant cord
compression. The neurosurgeon performed a successful operation
two days later, but plaintiff suffered permanent neurological
damage. Plaintiff alleged defendants were negligent in
failing to perform immediate surgery and violated the standard
of care. Plaintiff maintained that Defendant xxx misunderstood
the radiologist's verbal report. Specifically, plaintiff claimed
Defendant xxx should have consulted a neurosurgeon before
releasing her from the hospital, even if the MRI was negative.
Plaintiff asserted that, if a neurosurgeon had seen the film, he
would have seen the compression and taken immediate action.
Plaintiff's neurosurgery expert opined that the window of
opportunity for operating with no neurological defects was 36 to
48 hours. Dr. Manges provided testimony as both a
vocational expert witness and
psychological expert witness.
TOPIC:
Employment - Sexual Harassment - Wrongful Discharge
AGE: 34
SEX: F
OCCUPATION: Truck driver
MARITAL STATUS: Single
FACTS:
Plaintiff xxx was the first and only female truck driver hired
by Defendant yyy. XXX was hired by defendant company in 1998.
Defendant yy-A was the sole shareholder in defendant company.
Defendant yy-B and was a supervisor at the company's qqq plant
and Defendant yy-C was the supervisor at the company's rrr
plant. Plaintiff originally worked at the qqq plant and then was
transferred to the rrr plant in March 2000. Later that year,
plaintiff's employment was terminated by Defendant yy-B on
October 17, 2000. During plaintiff's 3 year tenure with
defendant company, plaintiff alleged that she was subjected to
severe sexual harassment which created a hostile work
environment. Plaintiff also claimed that she was discharged in
retaliation for complaining about the sexual harassment.
Plaintiff argued that while at the qqq plant, she was subjected
to a hostile environment which Defendant yy-A allowed to
continue that included pornographic magazines around the plant
which referred to her by name. Plaintiff alleged also that she
was subjected to other sexually suggestive comments by
coworkers. Plaintiff claimed that she went to Defendant yy-B in
March 2000 to complain about the sexual harassment and was then
presented with the option to transfer to the rrr plant.
Plaintiff argued that while she was working at the rrr plant she
was subjected to sexual harassment in the form of comments and
gestures and that Defendant yy-A was a direct participant in the
sexual harassment. Plaintiff alleged that after a male coworker
barged in on her while she was using the restroom, she wrote a
letter complaining about the sexual harassment. Plaintiff
maintained that when she delivered the letter to Defendant yy-B,
he terminated her employment in retaliation for her complaints.
Dr. Manges provided testimony as a
sexual harassment expert witness. |
