Florida Verdicts

Plaintiff(s):

David Mendez (Male), 

Lillian Mendez (Female)

Plaintiff Attorney(s):

Robert C. Gilbert;
Grossman Roth, P.A.;
Coral Gables,
FL,
for
David Mendez, Lillian Mendez ■ William S. Williams;
Lytal Reiter Clark Fountain & Williams, LLP;
West Palm Beach,
FL,
for
David Mendez, Lillian Mendez

Plaintiff Expert(s):

Eric Hoyer;

Arboriculture;
Gainesville,
FL called by
Robert C. Gilbert, William S. Williams ■ Donald Rockwood;
Ph.D.;
Forestry;
Gainesville,
FL called by
Robert C. Gilbert, William S. Williams

Defendant(s):

Charles H. Bronson, 

Florida Department of Agricultural and Consumer Services

Defense Attorney(s):

Wesley R. Parsons;
Clarke Silvergate, P.A.;
Miami,
FL,
for
Charles H. Bronson, Florida Department of Agricultural and Consumer Services

Defendant Expert(s):

Chuck Lippi;
Arboriculture;
St. Augustine,
FL called by
Wesley R. Parsons ■ Timothy Schubert;
Tree & Plant Appraisals;
called by
Wesley R. Parsons

In 1995, the Florida Department of Agriculture and Consumer Services (Department) initiated the Citrus Canker Eradication Program (CCEP) and adopted a policy of destroying all citrus trees determined to be infected with citrus canker, as well as all other uninfected citrus trees located within 125 feet of each infected tree. In 2000, the Department expanded the zone of destruction for uninfected citrus trees from 125 feet out to 1900 feet. From 2000 to 2006, Department crews descended on Florida neighborhoods and cut down healthy, uninfected citrus trees found within 1900 feet of infected ones in an attempt to halt the citrus canker disease that threatened some of the state’s most economically significant crops Citrus canker is a bacterial disease affecting citrus plants that is spread by wind-driven rain and other means, including human movement of contaminated plant material or equipment. Citrus canker, which is not harmful to humans or animals, causes blemishes or discoloration of the skin of citrus fruit. It does not render the fruit produced by infected trees inedible for consumption as fresh fruit or as juice. In 2002, class representative plaintiffs David Mendez and Lillian Mendez, on behalf of themselves and the owners of approximately 26,000 Palm Beach County residential properties, sued the department and its commissioner, Charles H. Bronson, for inverse condemnation arising from the department’s physical destruction of 66,493 healthy, uninfected, residential citrus trees owned by plaintiffs and the class under the CCEP. The plaintiffs’ and the class’ 66,493 citrus trees were never determined to be infected with citrus canker, but were destroyed under the CCEP because they were located within 1900 feet of another citrus tree(s) that was determined to be infected with citrus canker. Plaintiffs’ counsel and the class sought full compensation for the destruction of their private property based on the replacement cost of the trees that were destroyed. In 2007, following a two week non-jury trial, the trial court held the department liable in inverse condemnation. In 2011, a jury awarded $210 per tree as full compensation for the trees owned by the plaintiffs and the class. The department appealed to the Fourth District Court of Appeal. In 2013, the Fourth District affirmed the liability finding, but reversed the compensation award based on the trial court’s order that precluded the department from presenting any scientific evidence during the compensation trial. A re-trial on compensation was held in March 2015.

The plaintiffs and the class presented evidence seeking compensation based on the height of the 66,493 trees, ranging from $12.75 for 1- to 2-foot trees, up to $1111.50 for trees that were 26 feet tall and higher. The plaintiffs’ arborist experts opined that that the average tree was 11 feet tall and the replacement cost for trees of that size was $499.50. The department argued that the department fully compensated property owners by issuing them $100 Wal-Mart gift cards for the first tree cut and $55 cash payments for each additional tree destroyed. The department’s arborist experts argued that the jury should return a verdict from zero to $100 per tree, because the trees were exposed to the disease of citrus canker and were susceptible to the disease of citrus greening.

The jury returned a verdict awarding compensation based on the various heights of the 66,493 trees, ranging from $105.36 for trees measuring 1- to 5-feet tall, up to $447.78 for trees that were 17 feet tall and above. The jury awarded $289.71 for 11-foot tall trees, the average size tree destroyed. The total compensation award for all 66,493 trees was approximately $19,200,000 before setoffs. The jury also awarded setoffs to the department for approximately $3,100,000 used by the plaintiffs and class members on the Wal-Mart gift cards and $55 checks that were negotiated. The net verdict, after setoffs are deducted, will be approximately $16,000,000.

Actual Award:

$16,000,000

Judge:

Ronald Rothschild

Trial Length:

9
 days

Trial Deliberations:

7
 hours

Jury Composition:

3 male/ 9 female

This report is based on information that was provided by plaintiffs’ and defense counsel.