William Petersen, et al. v. Maddalena's Dairy Equipment, et al.
Published: Aug. 21, 1999 | Result Date: Apr. 19, 1999 | Filing Date: Jan. 1, 1900 |Case number: 208502 Verdict – $1,000,000
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
William H. Staples
(Archer Norris)
Experts
Plaintiff
Barry Ben-Zion Ph.D.
(technical)
Gerald Bodman
(technical)
Defendant
John R. Galat
(technical)
Donald J. Klingborg
(technical)
Eugene Yano
(technical)
Facts
On June 17,1988, the defendant, Agri-Systems, Inc., dba Maddalena's Dairy Equipment, installed an electric switch in the defendant Petersen's, dairy barn, which was intended to activate 20 feeder motors simultaneously, thereby causing grain to drop in front of the milking cows at specific intervals. Shortly thereafter, plaintiffs noticed an unexplained decline in the milk production of their dairy land. Investigation revealed that the cows were being shocked with very low voltage each time the switch came on. The plaintiff brought this action against the defendants based on negligence, breach of the implied warranty of fitness, and defective product design.
Settlement Discussions
The plaintiff made a pretrial settlement demand for $500,000 (per the plaintiff) and $999,999 (per the defendant). The defendants made an offer of $250,001 before trial, which was increased to $300,000 after opening statement.
Damages
$1.6 million in lost income, plus prejudgment interest of approximately $400,000.
Other Information
The verdict was reached approximately four years and eight months after the case was filed. A mediation was held on July 15, 1998, before William Bettinelli of JAMS resulting in no settlement.
Deliberation
12 hours
Poll
9-3 (liability), 10-2 (damages)
Length
15 days
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