McFadden, et al. v. Miller
Published: Mar. 29, 2005 | Result Date: Dec. 3, 2004 | Filing Date: Jan. 1, 1900 |Case number: 328792 Verdict – $401,298
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gene Brandi
(technical)
Defendant
Jerald H. Udinsky
(technical)
Daniel Weaver
(technical)
Facts
The four plaintiffs were beekeepers whose honeybee colonies were destroyed by the defendant farmer who sprayed a pesticide in violation of county notice requirements to the beekeepers. The plaintiffs lost 1,378 colonies. The defendant admitted spraying on the day in question but claimed he did not intend to use the pesticide. The defendant claimed no liability based upon the case of Lenk v. Spezia (1949) - no liability for trespassing bees.
Settlement Discussions
The defense offered (C.C.P. Section 998) $201,000 to all four plaintiffs.
Damages
Loss of 1,378 honeybee colonies; loss of pollination contracts; loss of honey production.
Other Information
Five other plaintiff beekeepers settled before trial and were represented by other counsel and settled for substantially less money per bee colony.
Deliberation
four hours
Poll
12-0
Length
12 days
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