PETER ZAVALETTA ON A ROLL, ANNOUNCES HUGE VERDICT, THANKS GOD

By Peter Zavaletta
Zavaletta Law Firm
December 7, 2011
Fellow Warriors:
A jury today in Judge Art McDonald's (a tremendous judge) Cameron County Court At Law No. 1 returned a verdict in favor of my client, the Plaintiff R&G Produce Company, in the total amount of $2,332,596.44.
My client was the grower and shipper of over 37,000 20 lb. boxes of grape tomatoes sold from late 2007 to early 2008. Co-Defendant 1 was the broker, and Co-Defendant 2 was Williams Farms Produce Sales, Inc. of Islandton, SC, who was ably represented by Frank Perez of Frank E. Perez & Associates of Brownsville (an excellent lawyer).
My client initially sued for the $490k owing on the agreements. With the passage of time, the damages increased because my client missed 2 planting seasons in year 1, and 2 planting seasons in year 2.
The case had already gone up on mandamus (denied) to the Corpus Christi Court of Appeals, and again on mandamus to the Supreme Court, also denied.
Judge McDonald submitted the case an oral agreement case under PJC 101.1, and a negligence case.
Damages for each were the standard submitted (over objections) under the PJC.
Co-Defendant 1 was not submitted b/c of his BK last year.
Co-Defendant 2, Williams Farms Produce Sales, Inc., had gross sales of $37 million in 2007, the year in question, and that evidence came in to impeach the VP's testimony that he didn't know whether that company kept general ledgers, and hadn't seen any. My expert CPA said that would be "totally impossible."
Jury answered Yes on question 1 (oral agreement) and awarded the following economic damages against Williams Farms Produce Sales, Inc:

$490,725.80 on the agreements in the past;
$341,870.64 on the agreements in the future;
$300,000 lost profits sustained in the past; and
$1,200,000 lost profits in the future.

Jury answered Yes on question 2 (negligence) and awarded the exact amount of economic damages against Williams Farms.
Pre-trial offer: 2 bags of tomato seed (not kidding).
On day 3 of 8 day trial, defendant offered $225,000 payable in 3 years. We rejected the offer (and those made before it during trial), and I told defense counsel the parties were too far apart to continue any settlement discussions.
Entry of Judgment is next Tuesday, and I already foresee the defense arguing that it can't enter judgment for the entire amount of the verdict because his jurisdictional limit is $1,000,000.
Special thanks to all of you on this list who offered their tips and pointers, especially most recently Gabriel Riveros, Nathan Hardee, Rick Leeper, Ken Tummel, and Bob Oberholtzer. Special thanks also to Mike Miller for recommending Dr. John Brown as my damage expert.
Most of all, I want to give all the thanks, and Praise and Glory, to my Lord and Savior Jesus Christ.