Winning: Bessolo v. R&R Horn, Inc.
Association of Defense Counsel of Northern California and Nevada.
Bob Sims
Principal
DEFENSE COMMENT MAGAZINE
Trials & Tribulations Submission Form
Date of Submission: 10/31/18
Contact Person for Submission: Bobby Dale Sims, Jr.
Trial Counsel Name(s) & Law Firm:
Plaintiff’s Counsel: Therese Y. Cannata & Mark P. Fickes – Cannata O’Toole Fickes & Olson
Defense Counsel: Bobby Dale Sims, Jr. – Sims, Lawrence & Arruti;
and Scott M. Hutchison, Law Office of Matthew G. Salazar
County/District and Trial Judge Name: Butte County –Presiding Judge Tamara Mosbarger
Case Name (Optional): Bessolo v. R&R Horn, Inc.
Description of Trial
It was alleged that a General Engineering Contractor destabilized property resulting in an active landslide. The Contractor was hired by Butte County to remove unpermitted culverts and provide erosion controls after plaintiff installed unpermitted culverts in a seasonal creek. The location of the site was next to Butte Creek and the plaintiff’s work allegedly endangered Chinook salmon spawning beds near Chico, California.
Plaintiff’s complaint plead one cause of action for Private Nuisance. Plaintiff’s counsel argued that the contractor either created the condition that caused the landslide or did not ascertain that the condition existed and warn the landowner.
We argued, with the help of expert, Tom Blackburn of Blackburn Consulting, that there was no landslide. Mr. Blackburn was well received by the Jury and explained that the conditions were a combination of settling and erosion.
Settlement Discussions
Prior to trial, the lowest demand was $985,000 and the highest offer was a CCP § 998 for $50,001. During closing, plaintiff’s counsel asked the Jury to award between $900,000 and $1.6 million. Mr. Sims requested a defense verdict. Alternatively, he asked that if the Jury found fault that they apportion most of the liability to others.
The Verdict
The Jury returned a defense verdict after deliberating for four hours.
Past Articles
Sims, Lawrence & Broghammer LLP Announces Cynthia Lawrence as Co-Managing Partner
The Partners are delighted to announce that Cynthia Lawrence has been elevated to the role of Co-Managing Partner, effective immediately.
Bobby Dale Sims, Jr.
Co-Managing Partner
Favorable Federal Court Ruling on All Defense Positions
Motion for Leave to File Second Supplemental Complaint — DENIED
Eric T. Martinez
Attorney at Law
Defense Summary Judgment Victory Under the Privette Doctrine
Nicholas Des Rosier and Kayla Rosier v. Rocklin Motorsports Inc.
Daniel P. Costa
Partner
Winning: Bessolo v. R&R Horn, Inc.
Association of Defense Counsel of Northern California and Nevada.
Bob Sims
Principal
DEFENSE COMMENT MAGAZINE
Trials & Tribulations Submission Form
Date of Submission: 10/31/18
Contact Person for Submission: Bobby Dale Sims, Jr.
Trial Counsel Name(s) & Law Firm:
Plaintiff’s Counsel: Therese Y. Cannata & Mark P. Fickes – Cannata O’Toole Fickes & Olson
Defense Counsel: Bobby Dale Sims, Jr. – Sims, Lawrence & Arruti;
and Scott M. Hutchison, Law Office of Matthew G. Salazar
County/District and Trial Judge Name: Butte County –Presiding Judge Tamara Mosbarger
Case Name (Optional): Bessolo v. R&R Horn, Inc.
Description of Trial
It was alleged that a General Engineering Contractor destabilized property resulting in an active landslide. The Contractor was hired by Butte County to remove unpermitted culverts and provide erosion controls after plaintiff installed unpermitted culverts in a seasonal creek. The location of the site was next to Butte Creek and the plaintiff’s work allegedly endangered Chinook salmon spawning beds near Chico, California.
Plaintiff’s complaint plead one cause of action for Private Nuisance. Plaintiff’s counsel argued that the contractor either created the condition that caused the landslide or did not ascertain that the condition existed and warn the landowner.
We argued, with the help of expert, Tom Blackburn of Blackburn Consulting, that there was no landslide. Mr. Blackburn was well received by the Jury and explained that the conditions were a combination of settling and erosion.
Settlement Discussions
Prior to trial, the lowest demand was $985,000 and the highest offer was a CCP § 998 for $50,001. During closing, plaintiff’s counsel asked the Jury to award between $900,000 and $1.6 million. Mr. Sims requested a defense verdict. Alternatively, he asked that if the Jury found fault that they apportion most of the liability to others.
The Verdict
The Jury returned a defense verdict after deliberating for four hours.
Past Articles
Sims, Lawrence & Broghammer LLP Announces Cynthia Lawrence as Co-Managing Partner
The Partners are delighted to announce that Cynthia Lawrence has been elevated to the role of Co-Managing Partner, effective immediately.
Bobby Dale Sims, Jr.
Co-Managing Partner
Favorable Federal Court Ruling on All Defense Positions
Motion for Leave to File Second Supplemental Complaint — DENIED
Eric T. Martinez
Attorney at Law
Defense Summary Judgment Victory Under the Privette Doctrine
Nicholas Des Rosier and Kayla Rosier v. Rocklin Motorsports Inc.
Daniel P. Costa
Partner
Winning: Bessolo v. R&R Horn, Inc.
Association of Defense Counsel of Northern California and Nevada.
Bob Sims
Principal
DEFENSE COMMENT MAGAZINE
Trials & Tribulations Submission Form
Date of Submission: 10/31/18
Contact Person for Submission: Bobby Dale Sims, Jr.
Trial Counsel Name(s) & Law Firm:
Plaintiff’s Counsel: Therese Y. Cannata & Mark P. Fickes – Cannata O’Toole Fickes & Olson
Defense Counsel: Bobby Dale Sims, Jr. – Sims, Lawrence & Arruti;
and Scott M. Hutchison, Law Office of Matthew G. Salazar
County/District and Trial Judge Name: Butte County –Presiding Judge Tamara Mosbarger
Case Name (Optional): Bessolo v. R&R Horn, Inc.
Description of Trial
It was alleged that a General Engineering Contractor destabilized property resulting in an active landslide. The Contractor was hired by Butte County to remove unpermitted culverts and provide erosion controls after plaintiff installed unpermitted culverts in a seasonal creek. The location of the site was next to Butte Creek and the plaintiff’s work allegedly endangered Chinook salmon spawning beds near Chico, California.
Plaintiff’s complaint plead one cause of action for Private Nuisance. Plaintiff’s counsel argued that the contractor either created the condition that caused the landslide or did not ascertain that the condition existed and warn the landowner.
We argued, with the help of expert, Tom Blackburn of Blackburn Consulting, that there was no landslide. Mr. Blackburn was well received by the Jury and explained that the conditions were a combination of settling and erosion.
Settlement Discussions
Prior to trial, the lowest demand was $985,000 and the highest offer was a CCP § 998 for $50,001. During closing, plaintiff’s counsel asked the Jury to award between $900,000 and $1.6 million. Mr. Sims requested a defense verdict. Alternatively, he asked that if the Jury found fault that they apportion most of the liability to others.
The Verdict
The Jury returned a defense verdict after deliberating for four hours.
Past Articles
Sims, Lawrence & Broghammer LLP Announces Cynthia Lawrence as Co-Managing Partner
The Partners are delighted to announce that Cynthia Lawrence has been elevated to the role of Co-Managing Partner, effective immediately.
Bobby Dale Sims, Jr.
Co-Managing Partner
Favorable Federal Court Ruling on All Defense Positions
Motion for Leave to File Second Supplemental Complaint — DENIED
Eric T. Martinez
Attorney at Law
Defense Summary Judgment Victory Under the Privette Doctrine
Nicholas Des Rosier and Kayla Rosier v. Rocklin Motorsports Inc.
Daniel P. Costa
Partner