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
Court
Butte Superior
Attorneys
Plaintiff
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
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