Christina Acoba, John Westley Ray Gish, Dasia Valencia, Benjamin Estepa, Ruben R. Valencia, James Edward Chavez, Christina Arana, Diane Arana, Carlos Chavez, Mary Chavez, Adam Douglas, Tiffany Douglas, Andrew Franco, Ashley Gerstel, Chester Gish, John E. Gish, Joy Gish, Myrna Gish, Lorraine Gomez, Rose Gomez-Delphin, Amber Noceti, Anthony Noceti, C
Published: May 16, 2015 | Result Date: Jul. 14, 2014 | Filing Date: Jan. 1, 1900 |Case number: 1-12-CV-220408 Verdict – Defense
Court
Santa Clara Superior
Attorneys
Plaintiff
Mary E. Alexander
(Mary Alexander & Associates PC)
Defendant
Christopher J. Beeman
(Clapp Moroney Vucinich Beeman Scheley)
Experts
Defendant
Jeffrey B. Hicks
(technical)
Michael Posson
(technical)
William A. Donahue
(technical)
Frank M. Mitloehner
(technical)
Facts
Homeowners and members of their respective households sued the Olivera Egg Ranch LLC and Edward Olivera, concerning the egg ranch's handling of over 70 tons of chicken manure being generated by the hundreds of thousands of chicken's laying eggs.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the Ranch smelled and was infested with flies because of the massive chicken waste. Plaintiffs have been complaining about the Ranch since 2009, but to no avail.
Plaintiffs sued, accusing defendants of negligently operating the Ranch and creating a continuing private nuisance and trespass brought on by the offensive smell and excessive levels of ammonia, which were contributing factors to dust and flies. Plaintiffs further contended that the defendants' conduct resulted in the loss of use and enjoyment of their lives and respective properties.
DEFENDANTS' CONTENTIONS:
Defendants asserted their right to farm, and that plaintiffs received notice of defendants' right to farm. Defendants contended that they had implemented a manure management system that was new and improved, and which was designed to reduce impact, such as odor, to the surrounding community. Defendants also contended that it continued to improve on its manure management system.
Settlement Discussions
Plaintiffs demanded $6 million in settlement, which defendants countered with a $1 million settlement.
Damages
Plaintiffs requested about $15 million in compensatory damages plus punitive damages.
Result
The jury found in favor of all defendants.
Length
22 days
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