Cones v. Ziello
Published: Feb. 23, 2002 | Result Date: Dec. 14, 2001 | Filing Date: Jan. 1, 1900 |Case number: SC061826 Verdict – $2,500
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Bruce E. Sample
(Demler, Armstrong & Rowland LLP)
Experts
Defendant
Frederick Roth
(technical)
Facts
The plaintiff, Clarence Cones, had two giant eucalyptus and acacia trees, two mature citrus trees, two giant bird
of paradise plants and two other trees of unknown species in his back yard. The eucalyptus and acacia trees
dropped leaves into an adjoining backyard owned by the defendant, Robert Ziello, who approached the plaintiff
in July 1999 to suggest trimming back the eucalyptus and acacia trees. The plaintiff agreed and the defendant
Ziello then suggested that the plaintiff hire the co-defendant Jose Chavez to undertake the work. According to
the plaintiff, the defendant Ziello promised that Chavez was qualified to perform the trimming but that he, the
defendant, failed to disclose that Chavez also worked as the defendantÆs personal gardener. The co-defendant
Chavez then proceeded to not only remove the eucalyptus and acacia trees, but also cut down the two giant bird
of paradise plants, two additional trees of unknown species, and severely pruned the two citrus trees.
The plaintiffÆs next door neighbor testified that she later heard the defendant Ziello admit
that he had planned from the start on having the defendant Chavez remove all the trees from the
plaintiffÆs backyard. The defendant Chavez testified that the defendant Ziello told him to
remove/cut certain trees without the plaintiffÆs permission because the trees were ugly.
Settlement Discussions
Prior to trial, the plaintiff demanded $25,000. The defendant Ziello served a C.C.P. Section 998 offer to compromise for $5,001. The defendant Chavez offered $1,000.
Damages
The plaintiff asked for a jury verdict of $67,500 ($22,500 as the cost of replacing the trees, trebled under Code of Civil Procedure Section 733) plus an additional unspecified amount for emotional distress.
Other Information
The jury awarded $2,500 in property damage and found the plaintiff 50 percent at fault for the damage for not properly supervising the work in his back yard. The defendant Ziello was found liable for damages in the amount of $1,175 and the defendant Chavez was found liable for damages totaling $75.
Deliberation
1.5 days
Length
3.5 days
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