Penelope Critchlow-Goldman v. Warren Argo
Published: Mar. 4, 2000 | Result Date: Jan. 28, 2000 | Filing Date: Jan. 1, 1900 |Case number: 6110233 Verdict – $726,000
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Richard C. Watters
(Miles, Sears & Eanni)
Defendant
Experts
Plaintiff
Jade Ratchford
(technical)
Kirsten Gormley
(technical)
Katrina Olsen
(technical)
Fred Walker
(medical)
Rick A. Sarkisian
(technical)
Facts
The incident involved a work party of six volunteers and friends who were building a
fence along a ravine, and felling a 100-foot pine tree in order to widen a dirt roadway. The
owner of the property was Warren Argo, who had a life estate of approximately 100
acres, called Sweet's Mill.
An arts and crafts and music festival is held at Sweet's Mill each summer since the
1950s, with some sporadic interruptions.
Argo was in charge of the work party and he directed Josiah Fisher to take down
the 100 foot tree by digging around the base of the tree and then pushing on the tree
approximately 100 inches high with the bucket of a backhoe. This process took
approximately 3 hours and the other men worked in the vicinity during that time.
The decedent, Jan Goldman, and his friend, Jeremy Bluestein, were laying water
bars in a stream bed and working up towards the area of the tree. No one cleared the area
of humans, although Goldman was warned either two or three times shortly before the
tree fell that it was time for them to get out of there.
At the time the tree fell, there were three men in harm's way, and the tree hit and
killed Jan Goldman.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $750,000. The defendant offered $350,000, increased to $400,000, before trial which was withdrawn at the first day of trial.
Other Information
There had been a previous $100,000 policy limit settlement with Josiah Fisher's insurance company. After a reduction of economic damages, along with the reduction for comparative fault of Goldman, the net verdict was $443,382, plus taxable costs for a total judgment of $453,726.
Deliberation
six hours
Length
eight days
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