Facts

On Aug. 11, 2004, defendants were transporting numerous farm tractors in caravan style along the edge of a dry country road. Each of the tractors was pulling a grape gondola. The attachment assembly attaching the gondolas to the tractors included a safety chain. The safety chains on some of the tractor/gondola rigs were left dragging on the pavement of the roadway which sparked numerous small wild fires. These fires then escalated dramatically and spread quickly and massively toward the property of plaintiffs without warning.

The Pastor residence was completely destroyed, including all garage structures, personal property, family pets, etc. At the time of the fire the Pastors were inside and managed to escape before the home was completely consumed. The fire then spread to the adjacent Arslan property and completely consumed that property as well, destroying their pallet refurbishing business and other personal property. The Arslans were attending their grandson's funeral when news of the fire reached them.

PLAINTIFFS' CONTENTIONS:
Plaintiffs asserted claims based on negligence, trespass and nuisance, alleging property damage, general damages and attorney's fees pursuant to C.C.P. Section 1021.9. Plaintiffs also alleged that the subject fire legally constitutes a trespass and nuisance from which they were allowed to assert general damages in addition to damages for loss of real and personal property. Further, since the plaintiffs had been raising livestock on their property at the time of the subject fire, they were entitled to recover atorney's fees pursuant to C.C.P. Section 1021.9. Plaintiffs also asserted damages for the loss of use of their property and interest.

DEFENDANTS CONTENTIONS:
Defendants denied plaintiffs' claims.

Settlement Discussions

This case was scheduled to commence trial in the Fresno County Superior Court in April 3, 2006. The case proceeded to mediation before Mediator Jon Margolis on March 28, 2006. Prior to the mediation, plaintiffs had demanded settlement in the amount of $3.5 million. No offer had been made by the defendants prior to the mediation.

Damages

The subject fire consumed the entire Pastor property, including their home, personal effects, and pets. The Pastors sought damages for the cost of rebuilding their home, loss of personal property, loss of use of their property, general damages, interest and attorney's fees under C.C.P. Section 1021.9 since their property was being used to raise livestock. They asserted damages in the amount of $2,398,278. The Arslands claimed damages as a result of the destruction of their business, loss of personal property, general damages and attorney's fees.

Result

Case settled for $3 million five days prior to trial.