Dawn Goracki, Cecelia Goracki v. Dominick Gall

Case Background

Dawn Goracki and Cecelia Goracki filed the Personal Injury lawsuit on March 7, 2023, in the Minnesota State District Court of Ramsey County (Case number: 62-CV-23-1191). Judge Sara R. Grewing presided over the case.

Cause

On August 7, 2020, a motor vehicle collision occurred at the intersection of White Bear Avenue North and County Road D in Maplewood, Ramsey County, Minnesota. The accident involved two vehicles: one owned and operated by Dawn Goracki, with her minor daughter Cecelia Goracki as a passenger, and another driven by the defendant, Dominick Gall. Dawn Goracki alleged that Dominick Gall’s negligence directly caused the accident. The collision took place in broad daylight, suggesting clear visibility at the time of the incident.

Injuries

As a direct result of the collision allegedly caused by Dominick Gall’s negligence, both Dawn Goracki and her minor daughter Cecelia Goracki sustained injuries. The specific nature and extent of the injuries were not detailed in the complaint; however, it was stated that these injuries were ongoing. This suggests that both plaintiffs experienced continuing physical effects from the accident.

Damages

They demanded judgment against the defendant in excess of $50,000, suggesting the case exceeded the jurisdictional limit for lower courts. Additionally, they sought reasonable costs, prejudgment interest, and disbursements incurred in connection with the legal action.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Cecelia Goracki | Dawn Goracki
    • Counsel for Plaintiff: Adam Paul Rutzick
  • Defendant(s):Dominick Gall
    • Counsel for Defendants: George Evaristo Giuliani

Claims

Dawn Goracki filed a personal injury lawsuit against Dominick Gall, both in her individual capacity and as the parent and natural guardian of her minor daughter, Cecelia Goracki. The complaint alleged that Gall’s negligence directly caused the collision and the resulting injuries to both plaintiffs. The plaintiffs sought to hold Gall legally responsible for the accident and its consequences

Defense

The defendant, Dominick Gall, responded to the plaintiffs’ complaint with several key defenses. Gall denied all allegations of carelessness, negligence, or unlawful conduct. He asserted that he maintained an approved plan of reparation security in accordance with Minnesota Statute § 65B, which he claimed limited the plaintiffs’ potential recovery to the benefits outlined in that chapter.

Gall argued that any recovery obtained by the plaintiffs should be reduced by the value of basic or optional economic loss benefits paid, payable, or that would be payable but for an applicable deductible, as per Minnesota Statute § 65B.51, Subd. 1. He also contended that the plaintiffs’ complaint failed to state a valid cause of action because it did not meet the prerequisites for bringing a negligence action under Minnesota Statute § 65B.51, Subd. 3.

The defendant claimed insufficient information to form a belief about the nature and extent of the plaintiffs’ injuries and damages, effectively denying those allegations. Gall also raised the issue of potentially insufficient service of process. Additionally, he incorporated all affirmative defenses set forth in Rule 8.03 of the Minnesota Rules of Civil Procedure, reserving the right to raise these defenses as more information became available through discovery.

Jury Verdict

In the case involving Dawn Goracki and Dominick Gall concerning a motor vehicle collision on August 7, 2020, the jury determined that Dawn Goracki sustained a permanent injury due to the accident. They awarded her a total of $234,289 in damages, broken down as follows:

  • $100,000 for past pain, disability, and emotional distress
  • $32,000 for past health care expenses (excluding diagnostic tests, x-rays, and MRI scans)
  • $2,289 for past health care expenses related to diagnostic tests, x-rays, and MRI scans
  • $100,000 for future health care expenses

Court Documents:

Available Upon Request