Ahmad Skouti, Walter Johnsen v. Britz Fertilizers Inc.
Published: Jun. 28, 2005 | Result Date: Apr. 18, 2005 | Filing Date: Jan. 1, 1900 |Case number: 02CEGC04540 Verdict – $7,500,000
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Theodore W. Hoppe
(Hoppe Law Group)
Experts
Plaintiff
Mark Steinberg
(technical)
Peter Christiansen
(technical)
Richard Nordstrom
(technical)
Scott Hicks
(technical)
Defendant
George Leavitt
(technical)
Stuart Hardin
(technical)
David K. Smith
(technical)
Facts
Ahmad Skouti, a raisin grape farmer in Fresno and Madera counties since the early 1980s, farmed 1000 acres of Thompson seedless grapes, including 20 acres that he leased from Walter Johnson. On the advice of a Britz Fertilizer employee, Skouti used a chemical mixture on his Thompson seedless grapes in 2002 to speed up their maturation. By July 24, Skouti began to notice shriveled and dropped grapes and burnt and stunted canes and leaves, among other signs of damage. Skouti and Johnsen sued Britz Fertilizer, claiming that the chemicals recommended by a Britz employee caused either fatal or long-term damage to many of their vines. Skouti's expert witnesses noted that the product label for the plant hormone Ethrel, one of the ingredients in the cocktail of chemicals recommended, indicated that it was not to be mixed with other additives. Skouti's counsel further argued that the untested mixture was unsafe and impractical, containing two unnecessary ingredients. After four weeks of trial, Britz finally conceded that the spray caused the damage to Skouti's vineyards and the trial proceeded solely to resolve the question of damages.
Specials in Evidence
$83,014 for Johnsen
Damages
Skouti claimed that the spray resulted in property damages to 25 ranches totalling $11 million. The defense claimed that the damages to the crop were limited to the 2002 and 2003 growing seasons and that no future losses would result from continued crop loss. Britz estimated Skouti's damages at $585,000. Johnsen claimed he had to uproot the vineyard and incur the cost of replanting and loss of net value in the interim.
Deliberation
four hours
Poll
12-0 (for Skouti), 10-2 (for Johnson)
Length
six weeks
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