Preview
1 DAVIN R. BACHO (SBN 282613)
JEFFREY S. LYONS (SBN 227277)
F I LE D
2 CLEMENT, FITZPATRICK & KENWORTHY MAR 2 8 2023
3333 Mendocino Avenue, Suite 200
.
.
3 Clerk of the SUPerior
CW” 0f ?ammn'a
Santa Rosa, CA 95403 County fS oma
4
Telephone: (707) 523-1 181 By
I
i:
a
__________ m Deputy Clerk
Facsimile: (707) 546-1 360
5 dbachflcfknom
ilyons@cflc.com
6
7 Attorneys for Plaintiffs and Cross-Defendants
Barry Brilliant and Dagmar K. Hoheneck-Smith
8
9 SUPERIOR COURT OF THE STATE 0F CALIFORNIA
10 COUNTY OF SONOMA
ll
12 BARRY BRILLIANT, an individual; and Case No. SCV-267406
DQGIXAR K. HOHENECK-SMI TH, an
13 in ivi ual and as truste e ofTH E DAGMAR JUDGMENT AFTER TRIAL
HOHE NECK -SMI TH TRUS T dated
l4 December l4, 2010,
(Unlimited Civil)
15 Plaintiffs,
TRIAL DATE: February 24, 2023
16 vs '
8:30 a.m.
Time:
Department: l8
l7 MITCHELL G. BLACK, an individual and
dba BLACK KNIGHT VINEYARDS;
l8 DEANNE G. BLACK, an individual and dba Judge: Christopher M. Honigsberg
BLACK KNIGHT VINEYARDS; and DOES
l9 ONE through TWENTY, inclusive,
20 Defendants.
21
AND RELATED CROSS—ACTION
22
23
24, 2023 in Department 18 of the
24 This action came on regularly for trial on February
-
Superior Court, the Honorable Christopher
Honigsberg presiding; Plaintiffs and Cross
25
eck-Smith, appearing by attorneys Davin R. Bacho
26 Defendants Barry Brilliant and Dagmar Hohen
27 and Jeffrey S. Lyons of Clement, Fitzpatrick & Kenworthy, Inc.; Defendants Black Knight
ring by attorney Graden Tapley of
28 Vineyards, LLC, Mitchell G. Black and Deanne G. Black appea
l
JUDGMENT AFTER TRIAL
O’Brien, Watters & Davis, LLP.
A jury of twelve persons was regularly impaneled and sworn. Witnesses were sworn and
testified.
Afier hearing evidence and arguments of counsel, the jury was instructed by the Court and
the case was submitted to the jury with the directions to return a verdict on special issues. The
\OwflamkwN—
jury deliberated and thereafler delivered to the Conn with its verdict, which consisted of special
issues submitted to the jury and the answers given thereto by the jury, which has in words and
figures as follows:
See attached and incorporated Special Verdict Forms 0n all issues other than Punitive
Damages.
This case having been bifurcated as to punitive damages, the jury heard additional
evidence and argument on the issue of punitive damages on March 24, 2023. The jury deliberated
and thereafier returned into Court with its verdict, which consisted of the special issues submitted
to the jury and the answers given thereto by the jury, which has in words and figures as follows:
See attached and incorporated Special Verdict Form on Punitive Damages.
NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
That Plaintifis Barry Brilliant and Dagmar Hoheneck-Smith are determined to be the
NNNNNNNNN—n—u—v—i—nn—n—n—o—s
prevailing parties in the above—captioned matter. Plaintiffs Barry Brilliant and Dagmar Hoheneck
Black
WQQMhWN—‘COWQQMhWN—O
Smith are awarded jointly and severally from Black Knight Vineyards, LLC, Mitchell G.
and Deanne G. Black as follows:
1. As to Premises Liability:
A. Economic Damages: $ 15 00O
B. Non—Economic Damages: $ G flog
i" 2
2. As to all other causes of action:
A. Economic Damages: S q 2 5OO
B. Non-Economic Damages: $ lg i
0g 2(7
/////
/////
2
JUDGMENT AFTER TRIAL
4. Economic Damages Associated with Future Injunctive Relief:
Future Removal of Trees: $60,000
VOOOQO‘UIAUJN—
-er
5.
choosing, to W
Injunctive Relief:
Plaintifls shall have an absolute right in their discretion, through agents of their
[REMOVE any and all poplar trees (hereinafier referred to as “the
Trees”) that exist, in whole or in part, within 30 feet of the property line between the real property
located at APN 049-160~097 commonly referred to as 4889 Grange Road in Santa Rosa,
California 95404 and APN 049-450-039 commonly referred to as 4725 Sheehan Lane in Santa
Rosa, California 95404. Plaintiffs shall be afl‘orded reasonable access without obstruction or
interference to APN 049-160-097 commonly referred to as 4889 Grange Road in Santa Rosa,
California 95404 for themselves and/or their agents without any required notice in order to
perform said [REMOVAL WW].
The Defendants are obligated to disclose this judgment to any and all potential
buyers of 4889 Grange Road in Santa Rosa, California 95404 prior to the close of escrow in any
future sale.
Defendants Mitchell G. Black and Deanne Black on behalf of themselves and
NNNNNNNNN—‘r—v—H
Black Knight Vineyards, LLC are ordered under 13—A of the Sonoma County Ordinances to abate
any and all outstanding notices of violations for real property located at APN 049-160-097
commonly referred to as 4889 Grange Road in Santa Rosa, California 95404 issued by the
Sonoma County Fire District Vegetation Management Department between July 8, 2021 and the
date of this order. Should the notices of violation not be abated prior to the sale of APN 049-160-
097 commonly referred to as 4889 Grange Road in Santa Rosa, California 95404, the Defendants
are obligated to disclose the outstanding violations to any and all potential buyers.
3
JUDGMENT AFTER TRIAL
6. Costs:
©WN¢MAWN~ Barry Brilliant and Dagmar Hoheneck-Smith are awarded costs under Cal. Code of
Civ. Proc. 1032 as the prevailing parties subject to proof via a memorandum of costs.
7. Attorney Fees & Costs:
Barry Brilliant and Dagmar Hoheneck—Smith are awarded reasonable attorneys’
fees and costs under l3—A et seq. of the Sonoma County Code of Ordinances subject to proof via
a fee motion.
8. Cost of Proof Sanctions:
Barry Brilliant and Dagmar Hoheneck-Smith are entitled to file and serve a motion
for cost of proof sanctions under Cal. Code of Civ. Proc. Sec. 2033.420 and other related
authority based on the Defendants’ responses to requests for admission previously lodged with
the Coun.
9. Declaratory Relief:
A. The Defendants were found to have controlled the Trees at issue in this
case.
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NNNNNNNNNH—HHr—Aflflw—‘p—
WQQMhWNHCQWQQUi#WN—‘o
B. The Coufi has granted injunctive relief that the Trees will be [REMOVED
as determined by this judgment.
10. Punitive Damages:
Plaintifis Barry Brilliant and Dagmar Hoheneck Smith are awarded punitive
damages in the total amount of $500,000 as Mitchell G. Black, Deanne G. Black and Black
Knight Vineyards, LLC were found to have acted with malice and oppression by a jury of their
peels. The total of $500,000 is not owed joint and severally as the other damages. The following
amounts of punitive damages are owed individually by the Defendants as follows:
A. Mitchel] G. Black as an individual, owes Barry Brilliant and Dagmar
Hoheneck-Smith $300,000 in punitive damages.
4
JUDGMENT AFTER TRIAL
B. Black Knight Vineyards, LLC as an individual, owes Barry Brilliant and
Dagmar Hoheneck-Smith $100,000 in punitive damages.
C. Deanne G. Black as an individual, owes Barry Brilliant and Dagmar
Hoheneck—Smith $100,000 in punitive damages.
©WQ¢M¥wNH
1 l. Post Judgment Interest:
Post Judgment interest of 10% will nm fiom the date of this judgment on all
mounts owed until paid.
DATED: 3 9v [ H0N.CHRIS
JUDGE 0F
P
U R1
. o SGBERG
COURT
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OOQO\M-§WN~O\OO°NGNM-hUJN’—IG
5
JUDGMENT AFTER TRIAL
H
VERDICT FORM — VIOLATION OF SONOMA
COUNTY CODE 13-A
We answer the questions submitted to us as follows:
l. Did Deanne G. Black have a duty to remove hazardous vegetation and combustible
materials from the Defendants’ property?
>1! Yes No
If your answer to question l is yes, then answer question 2. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did Deanne G. Black fail to remove hazardous vegetation and combustible material from
the Defendants’ prOperty?
\A Yes No
Did Deanne Black interfere with any employee or agent of the Sonoma County fire
protection district acting in the official course of his or her duty?
Yes y No
If either of your answers to questions 2 or 3 are yes, then answer question
4. If both of
your answers to questions 2 and 3 are no, then stop here, answer no further questions,
and have the presiding juror sign and date this form.
4. Do Barry Brilliant and Dagmar Hoheneck-Smith have a neighboring property to the
defendants’ property?
K
l
Yes No
Ifyour answer to question 4 is yes, then answer question 5. If you answered no, stop here,
answer n0 further questions, and have the presiding juror sign and date this form.
5. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages?
la. Past economic loss
[lost earnings $ l
[lost profits $ ]
[medical expenses $ I
[other past economic loss $ ]
Total Past Economic Damages: S ]
[b. Future economic loss
[lost earnings $ l
[lost profits $ I
[medical expenses $ ]
[other future economic loss $ ]
Total Future Economic Damages: S ]
lc. Past noneconomic loss, including [physical
pain/mental sufferingzl $ ]
[d. Future noneconomic loss, including [physical
pain/mental suffering:] $ I
TOTAL $
Signed} I
V\ VVKC Cbqu
residifig Juror
Dated: (349%. 95323
VERDICT FORM — VIOLATION OF SONOMA
COUNTY CODE 13-A
We answer the questions submitted to us as follows:
l. Did Black Knight Vineyards LLC have a duty to remove hazardous vegetation and
combustible materials from the Defendants’ property?
X
.1
Yes No
If your answer to question 1 is yes, then answer question 2. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did Black Knight Vineyards LLC fail to remove hazardous vegetation and combustible
material from the Defendants’ property?
X/ Yes No
Did Black Knight Vineyards LLC or an member of Black Knight Vineyards LLC interfere
with any employee or agent of the Sonoma County fire protection district acting in the
official course of his or her duty?
\f Yes No
Ifeither of your answers to questions 2 or 3 are ya, then answer question 4. If both of
your answers to questions 2 and 3 are no, then stop here, answer no further questions,
and have the presiding juror sign and date this form.
4. Do Barry Brilliant and Dagmar Hoheneck-Smith have a neighboring property to the
defendants’ property?
Yes No
If your answer to question 4 is yes, then answer question 5. If
you answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
5. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages?
la. Past economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ l
[other past economic loss $ ]
Total Past Economic Damages: $ ]
[b. Future economic loss
[lost earnings $ ]
[lost profits S ]
[medical expenses $ l
[other future economic loss $ l
’x
Total Future Economic Damages: $ ]
[c. Past noneconomic loss, including [physical
pain/mental sufferingz] $ I
[d. Future noneconomic loss, including [physical
pain/mental sufferingzl $ ]
TOTAL $—
s-gnea. K/AM,
rasiding Juror
(SM ma \
Dated: 3 39127023
Q
..
'I
VERDICT FORM - VIOLATION OF SONOMA
COUNTY CODE 13-A
We answer the questions submitted to us as follows:
l. Did Mitchell G. Black have a duty to remove hazardous vegetation and combustible
materials from the Defendants’ property?
)K Yes No
If your answer to question l is yes, then answer question 2. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did Mitchell G. Black fail to remove hazardous vegetation and combustible material from
the Defendants’ property?
X Yes No
Did Mitchell G. Black interfere with any employee or agent of the Sonoma County fire
protection district acting in the official course of his or her duty?
/
X Yes No
If either of your answers to questions 2 or 3 are yes, then answer question 4. If both
of
your answers to questions 2 and 3 are no, then stop here, answer no further questions,
and have the presiding juror sign and date this form.
4. Do Barry Brilliant and Dagmar Hoheneck-Smith have a neighboring property to the
defendants’ property?
K Yes No
If youranswer to question 4 is yes, then answer question 5. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
5. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages?
la. Past economic loss
[lost earnings $ i—O’
[lost profits $ W"0"
[medical expenses $ 1"
[other past economic loss $ ]
Total Past Economic Damages: $ ]
[b. Future economic loss
[lost earnings $ ]
”'0 ”
[lost profits $ ]
I0/
[medical expenses $ 0I ]'-'
[other future economic loss $ ]
- 0-
Total Future Economic Damages: $ ]
"0'
[c. Past noneconomic loss, including [physical
pain/mental sufferingzl $ ]
Id. Future noneconomic loss, including [physical
pain/mental sufferingz] $ ]
TOTAL $
Signedzéd l/[4/(r? r1322“ \(VN‘CLMQX
raiding Juror
Dated: 3 Q l4 g(rgfi
. .
II
VF-2006. Private Nuisance
We answer the questions submitted to us as follows:
l. Did Barry Brilliant and Dagmar Hoheneck—Smith own or control the Plaintiffs’ property?
\ Yes No
If your answer to question l is yes, then answer question 2. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
2. Did Black Knight Vineyards, LLC, by acting or failing to act, create a condition or permit
a condition to exist that was harmful to health?
SK Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this
form.
3. Did this condition substantially interfere with Barry Brilliant and Dagmar Hoheneck-
Smith’s use or enjoyment of their land?
XI.
Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
4. Would an ordinary person have reasonably been annoyed or disturbed by Black Knight
LLC’s conduct?
Vineyards,
\ Yes No
If your answer to question 4 is yes, then answer question 5. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
5. Did Barry Brilliant and Dagmar Hoheneck-Smith consent to Black Knight Vineyards,
LLC’s conduct?
Yes A No
If your answer to question 5 is no, then answer question 6. If you answered yes, stop
here, answer no further questions, and have the presiding juror sign and date this form.
6. Was Black Knight Vineyards, LLC’s conduct a substantial factor in causing harm to
Barry [Brilliant and Dagmar Hoheneck-Smith?
\A" Yes No
If yo’ur answer to question 6 is yes, then answer question 7. If
you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
7. Did the seriousness of the harm outweigh the public benefit of Mitchell G. Black,
Deanne G. Black, and Black Knight Vineyards, LLC’s conduct?
X Yes No
If your answer to question 7 is yes, then answer question 8. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
8. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages?
la. Past economic loss
[lost earnings $ O I
[lost profis $ O I
[medical expenses $ |
[other past economic loss $ |
Total Past Economic Damages: S I
[b. Futu re economic loss
[lost earnings $ I
[lost profits $ I
[medical expenses $
[other future economic loss S I
Total Future Economic Damages: $
|
[c. Past noneconomic loss, including [physical pain/
mental sufl'eringzl $ I
[d. Future noneconomic loss, including [physical pain/
mental sufi'eringzl $ I
TOTAL $
Signed:
3‘ Presiding Juror
///.’f éfl " k“ \V\
If your answer to question 5 is no, then answer question 6. If you answered yes, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did Barry Brilliant and Dagmar Hoheneck-Smith suffer harm that was different from
the type ofharm suffered by the general public?
X Yes No
If your answer to question 6 is yes, then answer question 7. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Was Deanne G. Black’s conduct a substantial factor in causing Barry Brilliant and
Dagmar Hoheneck-Smith’s harm?
x Yes No
If your answer to question 7 is yes, then answer question 8. If you answered no, stop
here, answer no further questions, and have the prmiding juror sign and date this form.
8. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages?
[a. Past economic loss
[lost earnings $ I
[lost profits S I
[medical expenses $ I
[other past economic loss $ I
Total Past Economic Damages: S |
[b. Future economic loss
[lost earnings $ I
[lost profits $ I
[medical expenses $ I
[other future economic loss $ |
Total Future Economic Damages: $ I
[c. Past noneconomic loss, including [physical
pain/mental sufferingzl $ I
[d. Future noneconomic loss, including [physical
pain/mental suffering] S I
TOTAL $
Signed:
?osiding Juror
"\ w \W\Cc3~Q\
Dated: V
QM 526422
[Ws/all
After
Mt] verdict forms have] been signed, notify the [*rk/bailifi/o-It
that you are ready to present your verdict in the courtroom.
VF-2005. Public Nuisance
We answer the questions submitted to us as follows:
l. Did Mitchell G. Black, by acting or failing to act, create a condition that was harmful to
health?
)_i/ Yes No
If your answer to question 1 is yes, then answer question 2. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did the condition affect a substantial number of people at the same time?
y Ya No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Would an ordinary person have been reasonably annoyed or disturbed by the
condition?
x Yes No
If your answer to qumtion 3 is yes, then answer question 4. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did the seriousness of the harm outweigh the social utility of Mitchell G. Black’s
conduct?
x)
Yes No
If your answer to question 4 is yes, then answer question 5. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did Barry Brilliant and Dagmar Hoheneck-Smith consent to Mitchell G. Black’s conduct?
Yes x] No
Ifyour answer to question 5 is no, then answer question 6. If you answered yes, stop
here, answer no further questions, and have the presiding juror sign and date this form.
_A_Yes
I
_
Did Barry Brilliant and Dagmar Hoheneck-Smith suffer harm that was different from
the type of harm suffered by the general public?
No
If your answer to question 6 is yes, then answer question 7. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Was
_¥_Yes
If
_
Mitchell G. Black’s conduct a substantial factor in causing Barry Brilliant and
Dagmar Hoheneck-Smith’s harm?
No
your answer to quwtion 7 is yes, then answer question 8. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
8. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages?
[a. Past economic loss
[lost earnings 3/0 I I
[lost profits S" O “I
[medical expenses $ -/ g l’l
[other past economic loss $ |
Total Past Economic Damages: S |
[b. Future economic loss
[lost earnings S’ 0” |
[lost profits $ -/0 ’I
[medical expenses $
" 0" |
[other future economic loss $ ’0 :I
Total Future Economic Damages: 5/9 ~|
[c. Past noneconomic loss, including [physical
pain/mental sufferingzl S I
[d. Future noneconomic loss, including [physical
pain/mental suffering:] $ |
TOTAL $
Signed: I
u ////-({/4(fl 'Eem mh\\e\
Presiding Juror
'5. 9%.;2043
Dated;
[WIN]
After
Mt] verdict forms have] been signed, notify the
that you are ready to present your verdict in the courtroom.
[Wailiff/e‘
VF-2000. Trespass (Fire)
We answer the questions submitted to us as follows:
l. Did Barry Brilliant and/or Dagmar Hoheneck-Smith own, occupy or control the Plaintifi's’
property?
X Yes No
If your answer to question l is yes, then answer question 2. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did Deanne G. Black although not intending to do so, recklessly or negligently cause fire
and smoke to enter Barry Brilliant and Dagmar Hoheneck-Smith’s property?
X Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did the fire and smoke enter the property without Barry Brilliant and Dagmar
Ho eneck-Smith’s permission?
Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Was Deanne G. Black’s conduct a substantial factor in causing harm to Barry Brilliant
and Dagmar Hoheneck-Smith?
Yes No
If your answer to question 4 is yes, then answer question 5. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages?
[a. Past economic loss
[lost earnings $ I
[lost profits S I
[medical expenses $ I
[other past economic loss $ I
Total Past Economic Damages: $ |
[b. Future economic loss
[lost earnings $ I
[lost profits $ I
[medical expenses $ I
[other future economic loss $ I
Total Future Economic Damages: $ |
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ I
[d. Future noneconomic loss, including [physical
pain/mental sufferingzl $ I
$_—
a AQ/l gm M
TOTAL
signed ///
/Presiding Juror
Dated: /S2H\
2. 2043
am[all
After verdict forms have] been signed, notify the
that you are ready to present your verdict in the courtroom.
”bailiff!“
VF-2000. Trespass (Fire)
We answer the questions submitted to us as follows:
l. Did Barry Brilliant and/or Dagmar Hoheneck-Smith own, occupy or control the Plaintiffs’
property?
x Yes No
If your answer to question l is yes, then answer question 2. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did Black Knight Vineyards, LLC, although not intending to do so, recklessly or
negligently cause fire and smoke to enter Barry Brilliant and Dagmar Hoheneck-Smith’s
property?
y Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did the fire and smoke enter the property without Barry Brilliant and Dagmar
Hoheneck-Smith’s permission?
XI Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Was Black Knight Vineyards, LLC’s conduct a substantial factor in causing harm to
Barry Brilliant and Dagmar Hoheneck-Smith?
X Yes No
If your answer to question 4 is yes, then answer question 5. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages?
[a. Past economic loss
[lost earnings $ I
[lost profits $ |
[medical expenses $ ]
[other past economic loss S |
Total Past Economic Damages: S |
[b. Future economic loss
[lost earnings $ |
[lost profits $ |
[medical expenses $ I
[other future economic loss $ I
Total Future Economic Damagas: S |
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ I
[d. Future noneconomic loss, including [physical
pain/mental suffering:] S I
r
TOTAL $__
AeQ—J—Eew \M‘cw
Dated:
/
Signedz/ffi:
3 git);
///{
Presiding Juror
After all verdict forms have] been signed, notify the [deI-Hbailifl'loout
amt] that you are ready to present your verdict in the courtroom.
pl
VF-2000. Trespass (Fire)
We answer the questions submitted to us as follows:
l. Did Barry Brilliant and/or Dagmar Hoheneck-Smith own, occupy or control the Plaintiffs’
property?
Yes No
If your answer to question l is yes, then answer question 2. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did Mitchell G. Black, although not intending to do so, recklessly or negligently cause
fire and smoke to enter Barry Brilliant and Dagmar Hoheneck-Smith’s property?
'x’ Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Did the fire and smoke enter the property without Barry Brilliant and Dagmar
Hoheneck-Smith’s permission?
X Yes No
If your answer to question 3 is ya, then answer question 4. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
Was Mitchell G. Black’s conduct a substantial factor in causing harm to Barry Brilliant
and Dagmar Hoheneck-Smith?
x, Yes No
If your answer to question 4 is yes, then answer question 5. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
What are Barry Brilliant and Dagmar Hoheneck-Smith’s damagw?
[a. Past economic loss
‘ O,
[lost earnings $ |
[lost profits $ ’Q" I
[medical expenses $ "0” |
[other past economic loss $ |
Total Past Economic Damages: $ |
[b. Future economic loss
[lost earnings $ ’ 0’ |
[lost profits $ ’ 0” |
[medical expenses 3/ Q" |
[other future economic loss S |
Total Future Economic Damages: S |
[c. Past noneconomic loss, including [physical
pain/mental suffering] $ |
[d. Future noneconomic loss, including [physical
pain/mental sufferingz] $ |
TOTALS __
Signed; éfig/fi" Ecw “N CM
Dated: 52* {kg}
M
After [Ws/all verdict forms have] been signed, notify the [duk/bailiff/a-Id
that you are ready to present your verdict in the courtroom.
VF-2000. Trespass (Trees)
We answer the questions submitted to us as follows:
l. Did Barry Brilliant and/or Dagmar Hoheneck—Smith own, occupy, or control the Plaintiffs’
property?
x Y6 No
If your answer to question 1 is yes, then answer question 2. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
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Preview
1 DAVIN R. BACHO (SBN 282613) JEFFREY S. LYONS (SBN 227277) F I LE D 2 CLEMENT, FITZPATRICK & KENWORTHY MAR 2 8 2023 3333 Mendocino Avenue, Suite 200 . . 3 Clerk of the SUPerior CW” 0f ?ammn'a Santa Rosa, CA 95403 County fS oma 4 Telephone: (707) 523-1 181 By I i: a __________ m Deputy Clerk Facsimile: (707) 546-1 360 5 dbachflcfknom ilyons@cflc.com 6 7 Attorneys for Plaintiffs and Cross-Defendants Barry Brilliant and Dagmar K. Hoheneck-Smith 8 9 SUPERIOR COURT OF THE STATE 0F CALIFORNIA 10 COUNTY OF SONOMA ll 12 BARRY BRILLIANT, an individual; and Case No. SCV-267406 DQGIXAR K. HOHENECK-SMI TH, an 13 in ivi ual and as truste e ofTH E DAGMAR JUDGMENT AFTER TRIAL HOHE NECK -SMI TH TRUS T dated l4 December l4, 2010, (Unlimited Civil) 15 Plaintiffs, TRIAL DATE: February 24, 2023 16 vs ' 8:30 a.m. Time: Department: l8 l7 MITCHELL G. BLACK, an individual and dba BLACK KNIGHT VINEYARDS; l8 DEANNE G. BLACK, an individual and dba Judge: Christopher M. Honigsberg BLACK KNIGHT VINEYARDS; and DOES l9 ONE through TWENTY, inclusive, 20 Defendants. 21 AND RELATED CROSS—ACTION 22 23 24, 2023 in Department 18 of the 24 This action came on regularly for trial on February - Superior Court, the Honorable Christopher Honigsberg presiding; Plaintiffs and Cross 25 eck-Smith, appearing by attorneys Davin R. Bacho 26 Defendants Barry Brilliant and Dagmar Hohen 27 and Jeffrey S. Lyons of Clement, Fitzpatrick & Kenworthy, Inc.; Defendants Black Knight ring by attorney Graden Tapley of 28 Vineyards, LLC, Mitchell G. Black and Deanne G. Black appea l JUDGMENT AFTER TRIAL O’Brien, Watters & Davis, LLP. A jury of twelve persons was regularly impaneled and sworn. Witnesses were sworn and testified. Afier hearing evidence and arguments of counsel, the jury was instructed by the Court and the case was submitted to the jury with the directions to return a verdict on special issues. The \OwflamkwN— jury deliberated and thereafler delivered to the Conn with its verdict, which consisted of special issues submitted to the jury and the answers given thereto by the jury, which has in words and figures as follows: See attached and incorporated Special Verdict Forms 0n all issues other than Punitive Damages. This case having been bifurcated as to punitive damages, the jury heard additional evidence and argument on the issue of punitive damages on March 24, 2023. The jury deliberated and thereafier returned into Court with its verdict, which consisted of the special issues submitted to the jury and the answers given thereto by the jury, which has in words and figures as follows: See attached and incorporated Special Verdict Form on Punitive Damages. NOW THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: That Plaintifis Barry Brilliant and Dagmar Hoheneck-Smith are determined to be the NNNNNNNNN—n—u—v—i—nn—n—n—o—s prevailing parties in the above—captioned matter. Plaintiffs Barry Brilliant and Dagmar Hoheneck Black WQQMhWN—‘COWQQMhWN—O Smith are awarded jointly and severally from Black Knight Vineyards, LLC, Mitchell G. and Deanne G. Black as follows: 1. As to Premises Liability: A. Economic Damages: $ 15 00O B. Non—Economic Damages: $ G flog i" 2 2. As to all other causes of action: A. Economic Damages: S q 2 5OO B. Non-Economic Damages: $ lg i 0g 2(7 ///// ///// 2 JUDGMENT AFTER TRIAL 4. Economic Damages Associated with Future Injunctive Relief: Future Removal of Trees: $60,000 VOOOQO‘UIAUJN— -er 5. choosing, to W Injunctive Relief: Plaintifls shall have an absolute right in their discretion, through agents of their [REMOVE any and all poplar trees (hereinafier referred to as “the Trees”) that exist, in whole or in part, within 30 feet of the property line between the real property located at APN 049-160~097 commonly referred to as 4889 Grange Road in Santa Rosa, California 95404 and APN 049-450-039 commonly referred to as 4725 Sheehan Lane in Santa Rosa, California 95404. Plaintiffs shall be afl‘orded reasonable access without obstruction or interference to APN 049-160-097 commonly referred to as 4889 Grange Road in Santa Rosa, California 95404 for themselves and/or their agents without any required notice in order to perform said [REMOVAL WW]. The Defendants are obligated to disclose this judgment to any and all potential buyers of 4889 Grange Road in Santa Rosa, California 95404 prior to the close of escrow in any future sale. Defendants Mitchell G. Black and Deanne Black on behalf of themselves and NNNNNNNNN—‘r—v—H Black Knight Vineyards, LLC are ordered under 13—A of the Sonoma County Ordinances to abate any and all outstanding notices of violations for real property located at APN 049-160-097 commonly referred to as 4889 Grange Road in Santa Rosa, California 95404 issued by the Sonoma County Fire District Vegetation Management Department between July 8, 2021 and the date of this order. Should the notices of violation not be abated prior to the sale of APN 049-160- 097 commonly referred to as 4889 Grange Road in Santa Rosa, California 95404, the Defendants are obligated to disclose the outstanding violations to any and all potential buyers. 3 JUDGMENT AFTER TRIAL 6. Costs: ©WN¢MAWN~ Barry Brilliant and Dagmar Hoheneck-Smith are awarded costs under Cal. Code of Civ. Proc. 1032 as the prevailing parties subject to proof via a memorandum of costs. 7. Attorney Fees & Costs: Barry Brilliant and Dagmar Hoheneck—Smith are awarded reasonable attorneys’ fees and costs under l3—A et seq. of the Sonoma County Code of Ordinances subject to proof via a fee motion. 8. Cost of Proof Sanctions: Barry Brilliant and Dagmar Hoheneck-Smith are entitled to file and serve a motion for cost of proof sanctions under Cal. Code of Civ. Proc. Sec. 2033.420 and other related authority based on the Defendants’ responses to requests for admission previously lodged with the Coun. 9. Declaratory Relief: A. The Defendants were found to have controlled the Trees at issue in this case. 9W NNNNNNNNNH—HHr—Aflflw—‘p— WQQMhWNHCQWQQUi#WN—‘o B. The Coufi has granted injunctive relief that the Trees will be [REMOVED as determined by this judgment. 10. Punitive Damages: Plaintifis Barry Brilliant and Dagmar Hoheneck Smith are awarded punitive damages in the total amount of $500,000 as Mitchell G. Black, Deanne G. Black and Black Knight Vineyards, LLC were found to have acted with malice and oppression by a jury of their peels. The total of $500,000 is not owed joint and severally as the other damages. The following amounts of punitive damages are owed individually by the Defendants as follows: A. Mitchel] G. Black as an individual, owes Barry Brilliant and Dagmar Hoheneck-Smith $300,000 in punitive damages. 4 JUDGMENT AFTER TRIAL B. Black Knight Vineyards, LLC as an individual, owes Barry Brilliant and Dagmar Hoheneck-Smith $100,000 in punitive damages. C. Deanne G. Black as an individual, owes Barry Brilliant and Dagmar Hoheneck—Smith $100,000 in punitive damages. ©WQ¢M¥wNH 1 l. Post Judgment Interest: Post Judgment interest of 10% will nm fiom the date of this judgment on all mounts owed until paid. DATED: 3 9v [ H0N.CHRIS JUDGE 0F P U R1 . o SGBERG COURT NNNNNNNNNr—tv—Ip—I—un—n—up—ny—‘wnu OOQO\M-§WN~O\OO°NGNM-hUJN’—IG 5 JUDGMENT AFTER TRIAL H VERDICT FORM — VIOLATION OF SONOMA COUNTY CODE 13-A We answer the questions submitted to us as follows: l. Did Deanne G. Black have a duty to remove hazardous vegetation and combustible materials from the Defendants’ property? >1! Yes No If your answer to question l is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Deanne G. Black fail to remove hazardous vegetation and combustible material from the Defendants’ prOperty? \A Yes No Did Deanne Black interfere with any employee or agent of the Sonoma County fire protection district acting in the official course of his or her duty? Yes y No If either of your answers to questions 2 or 3 are yes, then answer question 4. If both of your answers to questions 2 and 3 are no, then stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Do Barry Brilliant and Dagmar Hoheneck-Smith have a neighboring property to the defendants’ property? K l Yes No Ifyour answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer n0 further questions, and have the presiding juror sign and date this form. 5. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages? la. Past economic loss [lost earnings $ l [lost profits $ ] [medical expenses $ I [other past economic loss $ ] Total Past Economic Damages: S ] [b. Future economic loss [lost earnings $ l [lost profits $ I [medical expenses $ ] [other future economic loss $ ] Total Future Economic Damages: S ] lc. Past noneconomic loss, including [physical pain/mental sufferingzl $ ] [d. Future noneconomic loss, including [physical pain/mental suffering:] $ I TOTAL $ Signed} I V\ VVKC Cbqu residifig Juror Dated: (349%. 95323 VERDICT FORM — VIOLATION OF SONOMA COUNTY CODE 13-A We answer the questions submitted to us as follows: l. Did Black Knight Vineyards LLC have a duty to remove hazardous vegetation and combustible materials from the Defendants’ property? X .1 Yes No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Black Knight Vineyards LLC fail to remove hazardous vegetation and combustible material from the Defendants’ property? X/ Yes No Did Black Knight Vineyards LLC or an member of Black Knight Vineyards LLC interfere with any employee or agent of the Sonoma County fire protection district acting in the official course of his or her duty? \f Yes No Ifeither of your answers to questions 2 or 3 are ya, then answer question 4. If both of your answers to questions 2 and 3 are no, then stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Do Barry Brilliant and Dagmar Hoheneck-Smith have a neighboring property to the defendants’ property? Yes No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages? la. Past economic loss [lost earnings $ ] [lost profits $ ] [medical expenses $ l [other past economic loss $ ] Total Past Economic Damages: $ ] [b. Future economic loss [lost earnings $ ] [lost profits S ] [medical expenses $ l [other future economic loss $ l ’x Total Future Economic Damages: $ ] [c. Past noneconomic loss, including [physical pain/mental sufferingz] $ I [d. Future noneconomic loss, including [physical pain/mental sufferingzl $ ] TOTAL $— s-gnea. K/AM, rasiding Juror (SM ma \ Dated: 3 39127023 Q .. 'I VERDICT FORM - VIOLATION OF SONOMA COUNTY CODE 13-A We answer the questions submitted to us as follows: l. Did Mitchell G. Black have a duty to remove hazardous vegetation and combustible materials from the Defendants’ property? )K Yes No If your answer to question l is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Mitchell G. Black fail to remove hazardous vegetation and combustible material from the Defendants’ property? X Yes No Did Mitchell G. Black interfere with any employee or agent of the Sonoma County fire protection district acting in the official course of his or her duty? / X Yes No If either of your answers to questions 2 or 3 are yes, then answer question 4. If both of your answers to questions 2 and 3 are no, then stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Do Barry Brilliant and Dagmar Hoheneck-Smith have a neighboring property to the defendants’ property? K Yes No If youranswer to question 4 is yes, then answer question 5. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages? la. Past economic loss [lost earnings $ i—O’ [lost profits $ W"0" [medical expenses $ 1" [other past economic loss $ ] Total Past Economic Damages: $ ] [b. Future economic loss [lost earnings $ ] ”'0 ” [lost profits $ ] I0/ [medical expenses $ 0I ]'-' [other future economic loss $ ] - 0- Total Future Economic Damages: $ ] "0' [c. Past noneconomic loss, including [physical pain/mental sufferingzl $ ] Id. Future noneconomic loss, including [physical pain/mental sufferingz] $ ] TOTAL $ Signedzéd l/[4/(r? r1322“ \(VN‘CLMQX raiding Juror Dated: 3 Q l4 g(rgfi . . II VF-2006. Private Nuisance We answer the questions submitted to us as follows: l. Did Barry Brilliant and Dagmar Hoheneck—Smith own or control the Plaintiffs’ property? \ Yes No If your answer to question l is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Did Black Knight Vineyards, LLC, by acting or failing to act, create a condition or permit a condition to exist that was harmful to health? SK Yes No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Did this condition substantially interfere with Barry Brilliant and Dagmar Hoheneck- Smith’s use or enjoyment of their land? XI. Yes No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Would an ordinary person have reasonably been annoyed or disturbed by Black Knight LLC’s conduct? Vineyards, \ Yes No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Did Barry Brilliant and Dagmar Hoheneck-Smith consent to Black Knight Vineyards, LLC’s conduct? Yes A No If your answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Was Black Knight Vineyards, LLC’s conduct a substantial factor in causing harm to Barry [Brilliant and Dagmar Hoheneck-Smith? \A" Yes No If yo’ur answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. Did the seriousness of the harm outweigh the public benefit of Mitchell G. Black, Deanne G. Black, and Black Knight Vineyards, LLC’s conduct? X Yes No If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 8. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages? la. Past economic loss [lost earnings $ O I [lost profis $ O I [medical expenses $ | [other past economic loss $ | Total Past Economic Damages: S I [b. Futu re economic loss [lost earnings $ I [lost profits $ I [medical expenses $ [other future economic loss S I Total Future Economic Damages: $ | [c. Past noneconomic loss, including [physical pain/ mental sufl'eringzl $ I [d. Future noneconomic loss, including [physical pain/ mental sufi'eringzl $ I TOTAL $ Signed: 3‘ Presiding Juror ///.’f éfl " k“ \V\ If your answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Barry Brilliant and Dagmar Hoheneck-Smith suffer harm that was different from the type ofharm suffered by the general public? X Yes No If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Deanne G. Black’s conduct a substantial factor in causing Barry Brilliant and Dagmar Hoheneck-Smith’s harm? x Yes No If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the prmiding juror sign and date this form. 8. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages? [a. Past economic loss [lost earnings $ I [lost profits S I [medical expenses $ I [other past economic loss $ I Total Past Economic Damages: S | [b. Future economic loss [lost earnings $ I [lost profits $ I [medical expenses $ I [other future economic loss $ | Total Future Economic Damages: $ I [c. Past noneconomic loss, including [physical pain/mental sufferingzl $ I [d. Future noneconomic loss, including [physical pain/mental suffering] S I TOTAL $ Signed: ?osiding Juror "\ w \W\Cc3~Q\ Dated: V QM 526422 [Ws/all After Mt] verdict forms have] been signed, notify the [*rk/bailifi/o-It that you are ready to present your verdict in the courtroom. VF-2005. Public Nuisance We answer the questions submitted to us as follows: l. Did Mitchell G. Black, by acting or failing to act, create a condition that was harmful to health? )_i/ Yes No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the condition affect a substantial number of people at the same time? y Ya No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Would an ordinary person have been reasonably annoyed or disturbed by the condition? x Yes No If your answer to qumtion 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the seriousness of the harm outweigh the social utility of Mitchell G. Black’s conduct? x) Yes No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Barry Brilliant and Dagmar Hoheneck-Smith consent to Mitchell G. Black’s conduct? Yes x] No Ifyour answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. _A_Yes I _ Did Barry Brilliant and Dagmar Hoheneck-Smith suffer harm that was different from the type of harm suffered by the general public? No If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was _¥_Yes If _ Mitchell G. Black’s conduct a substantial factor in causing Barry Brilliant and Dagmar Hoheneck-Smith’s harm? No your answer to quwtion 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 8. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages? [a. Past economic loss [lost earnings 3/0 I I [lost profits S" O “I [medical expenses $ -/ g l’l [other past economic loss $ | Total Past Economic Damages: S | [b. Future economic loss [lost earnings S’ 0” | [lost profits $ -/0 ’I [medical expenses $ " 0" | [other future economic loss $ ’0 :I Total Future Economic Damages: 5/9 ~| [c. Past noneconomic loss, including [physical pain/mental sufferingzl S I [d. Future noneconomic loss, including [physical pain/mental suffering:] $ | TOTAL $ Signed: I u ////-({/4(fl 'Eem mh\\e\ Presiding Juror '5. 9%.;2043 Dated; [WIN] After Mt] verdict forms have] been signed, notify the that you are ready to present your verdict in the courtroom. [Wailiff/e‘ VF-2000. Trespass (Fire) We answer the questions submitted to us as follows: l. Did Barry Brilliant and/or Dagmar Hoheneck-Smith own, occupy or control the Plaintifi's’ property? X Yes No If your answer to question l is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Deanne G. Black although not intending to do so, recklessly or negligently cause fire and smoke to enter Barry Brilliant and Dagmar Hoheneck-Smith’s property? X Yes No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the fire and smoke enter the property without Barry Brilliant and Dagmar Ho eneck-Smith’s permission? Yes No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Deanne G. Black’s conduct a substantial factor in causing harm to Barry Brilliant and Dagmar Hoheneck-Smith? Yes No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages? [a. Past economic loss [lost earnings $ I [lost profits S I [medical expenses $ I [other past economic loss $ I Total Past Economic Damages: $ | [b. Future economic loss [lost earnings $ I [lost profits $ I [medical expenses $ I [other future economic loss $ I Total Future Economic Damages: $ | [c. Past noneconomic loss, including [physical pain/mental suffering:] $ I [d. Future noneconomic loss, including [physical pain/mental sufferingzl $ I $_— a AQ/l gm M TOTAL signed /// /Presiding Juror Dated: /S2H\ 2. 2043 am[all After verdict forms have] been signed, notify the that you are ready to present your verdict in the courtroom. ”bailiff!“ VF-2000. Trespass (Fire) We answer the questions submitted to us as follows: l. Did Barry Brilliant and/or Dagmar Hoheneck-Smith own, occupy or control the Plaintiffs’ property? x Yes No If your answer to question l is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Black Knight Vineyards, LLC, although not intending to do so, recklessly or negligently cause fire and smoke to enter Barry Brilliant and Dagmar Hoheneck-Smith’s property? y Yes No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the fire and smoke enter the property without Barry Brilliant and Dagmar Hoheneck-Smith’s permission? XI Yes No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Black Knight Vineyards, LLC’s conduct a substantial factor in causing harm to Barry Brilliant and Dagmar Hoheneck-Smith? X Yes No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damages? [a. Past economic loss [lost earnings $ I [lost profits $ | [medical expenses $ ] [other past economic loss S | Total Past Economic Damages: S | [b. Future economic loss [lost earnings $ | [lost profits $ | [medical expenses $ I [other future economic loss $ I Total Future Economic Damagas: S | [c. Past noneconomic loss, including [physical pain/mental suffering:] $ I [d. Future noneconomic loss, including [physical pain/mental suffering:] S I r TOTAL $__ AeQ—J—Eew \M‘cw Dated: / Signedz/ffi: 3 git); ///{ Presiding Juror After all verdict forms have] been signed, notify the [deI-Hbailifl'loout amt] that you are ready to present your verdict in the courtroom. pl VF-2000. Trespass (Fire) We answer the questions submitted to us as follows: l. Did Barry Brilliant and/or Dagmar Hoheneck-Smith own, occupy or control the Plaintiffs’ property? Yes No If your answer to question l is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Mitchell G. Black, although not intending to do so, recklessly or negligently cause fire and smoke to enter Barry Brilliant and Dagmar Hoheneck-Smith’s property? 'x’ Yes No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the fire and smoke enter the property without Barry Brilliant and Dagmar Hoheneck-Smith’s permission? X Yes No If your answer to question 3 is ya, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Mitchell G. Black’s conduct a substantial factor in causing harm to Barry Brilliant and Dagmar Hoheneck-Smith? x, Yes No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. What are Barry Brilliant and Dagmar Hoheneck-Smith’s damagw? [a. Past economic loss ‘ O, [lost earnings $ | [lost profits $ ’Q" I [medical expenses $ "0” | [other past economic loss $ | Total Past Economic Damages: $ | [b. Future economic loss [lost earnings $ ’ 0’ | [lost profits $ ’ 0” | [medical expenses 3/ Q" | [other future economic loss S | Total Future Economic Damages: S | [c. Past noneconomic loss, including [physical pain/mental suffering] $ | [d. Future noneconomic loss, including [physical pain/mental sufferingz] $ | TOTALS __ Signed; éfig/fi" Ecw “N CM Dated: 52* {kg} M After [Ws/all verdict forms have] been signed, notify the [duk/bailiff/a-Id that you are ready to present your verdict in the courtroom. VF-2000. Trespass (Trees) We answer the questions submitted to us as follows: l. Did Barry Brilliant and/or Dagmar Hoheneck—Smith own, occupy, or control the Plaintiffs’ property? x Y6 No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Black Kni