Magical Farms, Inc. et al. v. Land O'Lakes, Inc. et al.[1:03 CV 2054]
Court:United States District Court, Northern District of Ohio
Judge:Christopher Boyko
Date of Trial:March 12 - April 3, 2007
Facts:This matter arose out of the inadvertent addition of an antibiotic, salinomycin, normally found in chicken feed to six tons of alpaca feed. The feed provided was subsequently provided to approximately 400 hundred animals on the farms of the two plaintiffs. As it developed a number of animals had an adverse reaction to ingestion of salinomycin and died. Plaintiffs claimed over 100 alpaca dead as a result of ingestion of the feed and further claimed several hundred had a greatly reduced value. Defendants admitted liability for the deaths of 69 animals and contested the remaining death claims and all claims of diminished value.
Injury/Damages:Claimed deaths of 100+ alpacas and 2/3 diminished value for approximately 300 other animals and veterinary expenses.
Non-medical Experts:Michael Safley - alpaca values Denise Stoll, DVM – veterinary issues and treatment David Anderson, DVM – treatment and proximate cause Steve Buffo - economist
Medical Experts:N/A
Lowest Demand:$15,000,000.00
Highest Offer:Highest Demand: $20,000,000.00
Jury Verdict:$1,638,166.60
Percent of Comparative Negligence:0%
Net Award:$1,638,166.60
Plaintiff's Attorney:Robert Valerian, Douglas Bartman, Philip Bautista
Defendant's Attorney:Lawrence Sutter, Jonathan Menuez, Thomas H. Terry, III
Cleveland Association of Civil Trial Attorneys
Brian P. Riley, President
1301 East Ninth St., Suite 1900
Cleveland, Ohio 44114
(216) 241-5310