Rabi Bhogal dba Bhogal Farms v. Bakersfield Ag Company
Published: Apr. 11, 1998 | Result Date: Jan. 20, 1998 | Filing Date: Jan. 1, 1900 |Case number: 232365 Verdict – $36,796
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mark Steinberg
(technical)
Defendant
John E. Marcroft
(technical)
Facts
In October 1995, plaintiff Rabi Bhogal dba Bhogal Farms, a grower, claimed that he suffered scale damage to his crop of Fuji apples at the time of harvest because of defendant Bakersfield Ag Company's failure to spray and monitor fields properly, allowing pests to become out of control. The defendant claimed that its employee met the standard of care, made proper recommendations, and that the plaintiff failed to follow advice. The defendant also alleged that scale damage was a natural consequence of improper spraying by the plaintiff, as well as natural causes. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $175,000. The defendant made a C.C.P. º998 offer of compromise for $50,000.
Damages
The plaintiff claimed crop loss valued at over $350,000.
Other Information
The judgment was satisfied at $5,000.
Deliberation
2½ days
Poll
not taken
Length
two weeks
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