Ray M. Gerawan and Star R. Gerawan dba Gerawan Farming v. Alta Irrigation District
Published: Aug. 16, 1997 | Result Date: Jun. 12, 1997 | Filing Date: Jan. 1, 1900 |Case number: 5331343 Verdict – $1,220,930
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Timothy L. Thompson
(Whitney, Thompson & Jeffcoach LLC)
Defendant
Experts
Plaintiff
Dale Rush
(technical)
James G. Palmer
(technical)
Joseph M. Lord Jr.
(technical)
Defendant
David K. Smith
(technical)
James H. Wegley
(technical)
Julian W. Whaley
(technical)
Tony Correia
(technical)
Facts
In September 1994, water seepage from defendant Alta Irrigation District's canal destroyed plaintiffs Ray and Star Gerawan dba Gerawan Farming's plum tree orchard. The plaintiffs claimed that they replanted the orchard after the defendant indicated it would repair the canal. The defendant did not repair the problem and the new trees were damaged. The plaintiffs brought this action against the defendant based on inverse condemnation, dangerous condition of public property, nuisance and a petition for writ of mandate requiring the defendant to perform its mandatory duty under California Water Code º22098.
Settlement Discussions
Per the plaintiffs, the plaintiffs made a settlement demand for $800,000, plus an agreement by the defendant irrigation district to either fix the canal or install an intercepter drain system to prevent the water seepage from continuing to damage the orchard, and the defendant made a settlement offer of $25,000. Per the defendant, the plaintiffs' demand was $1 million, including installation of a tile drain and a guarantee that the canal would not leak, plus attorney's fees in the amount of approximately $500,000, and the defendant made no offer in light of the demand.
Damages
The plaintiffs claimed $1.5 million in damages.
Other Information
The verdict was reached approximately two years after the case was filed. Per the defendant, the defendant's former counsel was terminated after the close of discovery when the defendant learned of the former defense counsel's conflict of interest and the defendant's current defense counsel were retained to try this case. The defendant's motion for new trial was denied.
Deliberation
6 hours
Poll
9-3
Length
16 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390