Confidential
Settlement – $370,000Court
Ventura Superior
Attorneys
Plaintiff
Matthew H. Haberkorn
(Law Office of Matthew H. Haberkorn)
Defendant
Experts
Plaintiff
C. Daniel Vencill
(technical)
Francis D. Galey
(technical)
Hap Hansen
(technical)
Lorri A. Green
(technical)
Facts
This litigation arose out of the poisoning and resulting deaths of the plaintiffsÆ two show jumping horses. The
incident occurred on July 5, 2000 at the plaintiffsÆ barn after their horses ingested Nerium oleander, allegedly
contained in alfalfa hay grown by the defendants E. Farms, Arch. Farms, Eric Arch. and Patrick L. The
adulterated hay was delivered to the plaintiffsÆ barn on June 13, by V. Hay Co.
Settlement Discussions
On Feb. 12, 2001, there was a voluntary mediation conducted before retire judge Bernard Kaufman. The plaintiffs demanded $510,000 at that time, while the defendants offered $179,000. At mandatory settlement conference on Aug. 13, 2001, the plaintiffs demanded $1,082,519 and the defendant offered $205,000. The case settled the following week for a total of $370,000. The settlement occurred after the plaintiffs reached a settlement with the Arch defendants for $245,000. The settlement was contingent on a finding of good faith. The remaining defendant, V. Hay, who previously offered no more than $5,000, then offered $125,000 to allow a global settlement of the litigation.
Damages
The plaintiffs claimed $500,250 for the two dead horses based on the fair market value of the two horses at the time of their deaths. Brew, one of the dead horses, was a 13-year-old chestnut quarter horse who had competed successfully in show jumping since 1991 and for at least the last four years, had competed successfully as a Grand Prix jumper. The plaintiffs also sought $180,646 in damages for loss of use of the horses from the July 5, 2000 date of loss to the present - approximately 13 months - based on the cost to lease similar horses. The plaintiffs alleged that plaintiff Lauren S. suffered lost earnings and an impaired earning capacity. Dr. Vencill, the plaintiffsÆ economist, estimated a range of loss to the plaintiffs between $111,260 and $241,904. A second amended complaint, filed on July 19, 2001, alleged a cause of action for trespass to chattel. Demurrers to that cause of action were pending at the time of settlement. Plaintiff Lauren S. maintained that she suffered and continues to suffer deep sorrow from the loss of her two horses. Lauren was seen by Lorri A. Green, Ph.D., a board certified psychologist and pet counselor. Green was expected to testify and give opinions concerning her treatment of Lauren, including her opinions following an MMPI test administered in June 2001, opinions related to psychological interviews and testing of Lauren, LaurenÆs psychological injuries, LaurenÆs current condition and her future anticipated care. LaurenÆs parents and friends were to testify that the loss of her horses, especially after having owned and cared for Brew for over half of her life, has caused her emotional suffering and has impacted her behavior. The plaintiffs also sought $3,094 in medical expenses for the deceased horses. Finally, the plaintiffs sought exemplary damages pursuant to Civil Code Section 3340.
Other Information
The plaintiffs filed a petition for bankruptcy under Chapter 7, Title 11, U.S. Bankruptcy Code, on Sept. 27, 1996. At that time, one of the horses was valued at $750. This property damage settlement constitutes a taxable event.
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