Thinking Productivity Inc. v. San Diego Van & Storage Co., Lansons Group, LLC doing business as American Relocation & Storage Systems, et al.
Published: Nov. 25, 2003 | Result Date: Aug. 4, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC786004 Verdict – $150,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
The plaintiff, a broker of surplus electronic machinery, is located in Austin, Texas. American Relocation & Storage Systems in Austin, Texas, arranged for San Diego Van & Storage Co. to transport the plaintiffÆs two "pick & place" machines from Fremont to San Diego. The machines were severely damaged in transit, causing the plaintiff to lose a sale to its customer for $135,000. Although the plaintiff has expended $10,000 to $12,000 in repairs to make the machines operational, it has not been able to sell them. The machines cost the plaintiff $195,000.
Settlement Discussions
The plaintiff made no demand. The plaintiff would have accepted $60,000 in November 2002. Defendants San Diego Van & Storage and Mayflower Transit made a combined C.C.P. Section 998 offer of $10,000 on Dec. 27, 2002. Defendant American Relocation & Storage Systems had made an earlier offer of $20,000 on Nov. 12, 2002. A mediation held on Nov. 12, 2002 with mediator Elizabeth Dickinson failed to reach a settlement.
Damages
The plaintiff paid $85,000 to the owner of the machines, and promised an additional $10,000 finderÆs fee to the party who located the machines for the sale to it. The plaintiff paid $10,000 to $12,000 to repair the machines, plus additional expenses to determine the extent of repairs needed.
Result
The jury also found cross-complainant American Relocation & Storage Systems was entitled to indemnity/contribution from San Diego Van & Storage Co. for 90% of damages. The plaintiffÆs cause of action for gross negligence and its cause of action claiming American Relocation & Storage Systems was a carrier were dismissed by motion for nonsuit. The plaintiff voluntarily withdrew its claim that American Relocation & Storage Systems had brokered the load to an unlicensed carrier. San Diego Van & Storage and American Relocation & Storage Systems were found liable for $150,000, apportioned in the amounts of $135,000 and $15,000 respectively. Mayflower Transit was found not liable.
Other Information
San Diego Van & StorageÆs motion for judgment notwithstanding the verdict and vacation of verdict to enter different verdict were denied. The verdict was reached approximately one year and four months after the case was filed.
Deliberation
one day
Length
five days
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