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Torts
Negligence
Property Damage

Lime Saddle Marina v. DiDuca Construction

Published: Jul. 11, 1998 | Result Date: Apr. 1, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 119265 Verdict –  $266,883

Judge

Roger G. Gilbert

Court

Butte Superior


Attorneys

Plaintiff

Joshua E. Kirsch

G. Geoffrey Robb


Defendant

Stephen J. Schori
(Law Offices of John A. Biard)


Experts

Plaintiff

Gordon E. Lakso
(technical)

Defendant

George C. Tardiff
(technical)

Rory Davis
(technical)

Robert Bornstein
(technical)

Facts

In November 1992, defendant DiDuca Construction and its subcontractors worked with heavy earth-moving equipment near wire cable securing plaintiff Lime Saddle Marina to shore. On Dec. 9, after a windstorm, the cable was found broken and damaged on or near the construction site. Plaintiff Lime Saddle Marina suffered property damage to its Marina due to the loss of cable. The plaintiff brought this action against the defendant based on negligence and breach of contract theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $200,000 (communicated to a settlement judge). The defendant made no settlement offer.

Damages

The plaintiff claimed $266,883.19 in damages.

Other Information

The verdict was reached approximately two years and four months after the case was filed. MEDIATION: A mediation was held on Oct. 24, 1995, before retired Justice M. O. Sabraw, resulting in no settlement.

Deliberation

one to three hours

Poll

9-3 (per defendant), per plaintiff - 12-0 (liability), 10-2 (damages)

Length

15 days


#91173

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