County of Fresno v. Tamera Sue Kuckenbaker; Victor Packing Company, Inc.
Published: Feb. 21, 1998 | Result Date: Jan. 15, 1998 | Filing Date: Jan. 1, 1900 |Case number: 5600630 Verdict – $105,135
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James G. Palmer
(technical)
Erwin Ohannesian
(technical)
Edward R. Gaylord
(technical)
Kurt G. Larson
(technical)
Lynn Gorman
(technical)
Defendant
Mitch Dunshee
(technical)
William D. Praetz
(technical)
Dirk Poeschel
(technical)
Stewart Randall
(technical)
Facts
Plaintiff County of Fresno was constructing a highway overpass on Clovis Avenue and brought a condemnation action against defendant landowners. Defendant Kuckenbaker owned two grape vineyard parcels, 14 and 35 acres, respectively. Of those parcels, .76 and .11 acres were condemned. Defendant Victor Packing owed 38 acres west of Clovis Avenue. Of that, 1.01 acres were condemned.
Settlement Discussions
The defendants made C.C.P. º1250.410 settlement demands for $230,000 (defendant Victor) and $200,000 (defendant Kuckenbaker). The plaintiff made an offer of $57,780 to defendant Victor and $37,280 to defendant Kuckenbaker.
Damages
The plaintiff asked the jury to award $28,800 to Kuckenbaker and $73,000 to Victor Packing. The defendants asked the jury to award $243,000 to Kuckenbacker and $303,000 to Victor Packing.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on Nov. 10, 1997, before a judge pro tem resulting in no settlement.
Deliberation
five hours
Poll
12-0
Length
11 days
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