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Real Property
Fire
Adjacent Property

Albert Elton v. Anheuser-Busch, et al.

Published: May 28, 1994 | Result Date: Apr. 21, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 18459 –  $25,000

Judge

Don L. Chapman

Court

Inyo Superior


Attorneys

Plaintiff

Stephen Glick


Defendant

Gerald F. Mohun Jr.


Experts

Plaintiff

Guy Stivers
(technical)

Scott Franklin
(technical)

Defendant

Alden Kelley
(technical)

Fred Hulting
(technical)

Mark R. Bagley
(Tolpin & Partners PC) (technical)

Facts

On February 12, 1990, Defendant conducted a controlled burn which spread from their ranch on to Plaintiffs' property, damaging trees, fencing, and electrical equipment. Defendants stipulated that the fire originated from its property.

Settlement Discussions

Defendants contend their offer on February 24, 1994 was a 998 in the amount of $40,000 increased to $55,000 on March 30, 1994; and Plaintiffs demanded $85,000.

Damages

Plaintiffs claimed: 141 red willow trees with a value range of from $328,258 to $823,216; fencing and electrical equipment damage valued at $36,000; repair costs of $250,000; and diminished property value (unspecified value). Defendants claimed that actual and total property damages were approximately $10,000 with a maximum value of $110 per tree and no diminished real estate value.

Deliberation

1 hour

Poll

12-0

Length

6 days


#77941

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