Case Name:	CALICO SKIES VINEYARD VS DENNIS SCHOLTEN & JEFF MATTOON
Case Number:	LACV501888
Date of Trial:	05/10/2019		Venue:	Lyon County
Casetype/Claims:	PROPERTY/FINANCE DAMAGE (NOPI)
Judge:	DAVID A LESTER
Plaintiff's Counsel:	JOHN C WAGNER		Defendant's Counsel:	WILLIAM HARVEY LARSON
Verdict:	Plaintiff's verdict: Lab/testing fees - $775; Labor costs - $22,500; Increased fertilizer/chemical costs - $3.993; Cost of replacement grapes - $6,630; Cost of replacement juice - $5,802; Cost of replacement vines - $1,000
Demand Before Trial:
Offer Before Trial:
Statement of Case: This case revolves around damage that Plaintiffs’ vineyard plants sustained due to spray drift caused by Defendants. Calico Skies Vineyard and Winery (hereafter “The Vineyard”) is owned by Plaintiffs, the Kimberleys, and is located in Inwood, Lyon County, Iowa. Defendant Dennis Scholten rents and farms land adjacent to the northeast portion of The Vineyard. The owner of the land rented by Scholten is Bud Gogelzang. Defendant Jeff Mattoon was hired by Scholten to apply chemical pesticides and herbicides to the land Scholten rented and farmed. Specifically, on June 9, 2015, Mattoon sprayed the rented land with a chemical herbicide which included a mixture of LO-VOL 6 2, 4-D Low Volatile Herbicide, which contains the active ingredient 2, 4-D acid-isoocytl ester. The spray migrated as herbicide drift onto The Vineyard grapevines, causing particulates of the spray chemicals to infiltrate The Vineyard and contact the grapevines within it...(continued) Statement of Case Defendant: This claim arises out of an alleged farm chemical overspray incident. The Plaintiff’s, Ashlee Kimberley, William Kimberley and Calico Skies Vineyard and Winery, Inc. contend that on June 9, 2015, the Defendant Dennis Scholten by and through his employee Jeff Mattoon made a pesticide and/or herbicide application to a pasture located just to the east of the Plaintiffs’ vineyard and winery. The plaintiffs’ property is located adjacent just west of Inwood Iowa.
Injuries alleged:
Official Jury Verdict Form:
LACV501888 Verdict Form.PDF
Documents of interest: (when available)	LACV501888 Defendant's proposed instructions.PDFLACV501888 Plaintiff's proposed instructions.PDF
Return to Jury Verdict Reporter Database
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