,Dr. Manges is sometimes asked to testify regarding the 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’ consultation time is spent on behalf of defense cases, he is primarily called to testify at trial by the plaintiff’s side.
The following verdicts 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. The verdicts are listed here to give the reader an example of Dr. Manges’ testimony experience and are publicly available through court records.
“Plaintiff underwent two to three surgeries without a good result”
Age: 54
Sex: F
Occupation: Registered Nurse
Marital Status: Divorced
Facts of the Case: 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 the 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.
“Defendant was killed in the collision”
Age: Early 20′s
Sex: M
Occupation: Heavy equipment operator
Marital Status: Single
Facts of the Case: 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.
"Plaintiff’s father and daughter were injured and plaintiff mother suffered fatal injuries”
Age: 36
Sex: F
Occupation: Janitor
Marital Status: Married
Facts of the Case: 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.
"Plaintiff alleged that defendant was negligent in failing to yield the right-of-way”
Age: 37
Sex: F
Occupation: Nurse
Marital Status: Married
Facts of the Case: 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.
"Entitled to underinsured motorist benefits”
Age: 18
Sex: M
Occupation: Pizza delivery person
Marital Status: Single
Facts of the Case: 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.
"He had to take a lower paying job with another employer due to his injuries”
Age: Mid 30′s
Sex: M
Occupation: Laborer
Marital Status: Married
Facts of the Case: 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.
"Defendants’ dump truck collided with plaintiffs’ oncoming vehicle, totaling it”
Age: Donald-48, Kimberly-43
Sex: M,F
Occupation: Donald-cement truck driver Kimberly-clerical worker
Marital Status: Married
Facts of the Case: 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.
"The tortfeasor’s insurance carrier settled with plaintiff for $50,000 policy limits”
Age: 30
Sex: F
Occupation: Office manager
Marital Status: Married
Facts of the Case: 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.
"The tortfeasor’s insurance carrier settled with plaintiff for $50,000 policy limits”
Age: 18
Sex: M
Occupation: Laborer
Marital Status: Single
Facts of the Case: 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.
"Both father and son received an electric shock”
Age: 40
Sex: M
Occupation: Air Force retiree
Marital Status: Married
Facts of the Case: 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.
"Defendants discriminated against her based on gender”
Age: 44
Sex: F
Occupation: Business manager
Marital Status: Married
Facts of the Case: 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.
"Discharged in retaliation for complaining about the sexual harassment”
Age: 34
Sex: F
Occupation: Truck driver
Marital Status: Single
Facts of the Case: 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.
"Failure to timely order decompression surgery”
Age: 35
Sex: F
Occupation: Teacher
Marital Status: Single
Facts of the Case: 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.
"Defendant was negligent in signing the permission form”
Age: Mother-41, Son-11 Daughter
Sex: F,M
Occupation: Mother-executive director
Marital Status: Mother-married
Facts of the Case: 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.
"Defendant’s employee was negligent in failing to maintain an assured clear distance ahead”
Age: 58
Sex: F
Occupation: Homemaker
Marital Status: Married
Facts of the Case: 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 the 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.
