Date: 12/23/2004

Case Style: Koves-Newlan Vineyards and Winery vs. Napa County Wine Train, Inc.

Case Number: 26-23782

Judge: Raymond A. Guadagni

Court: California State Superior Court, Napa County

Plaintiff's Attorney:

Margaret Farley of the Law Offices of Margaret Farley, San Rafael, California

Defendant's Attorney:

Paul H. Huff of the Law Offices of Zeller, Hoff & Zeller, Napa, California

Description:

Koves-Newlan alleged that the winery- suffered more than $1.2 million in damages in December 2002 as a result of the Wine Train's redesign of a wooden train trestle that crosses Dry Creek just north of Napa. It said the change included beams at angles adverse to the natural stream flow and included guy wires at and below the normal flow of the stream. The winery claimed that negligence was a factor in causing flood damage to Koves-Newlan's property. The plaintiff's Hydraulic Engineering expert, Mr. Richard Van Bruggen, constructed a hydraulic computer model of the creek and train trestle, showing that it backed up with debris and caused the creek to flood the neighboring winery.

Outcome: Plaintiff's verdict for $1.35 million.

Plaintiff's Experts:

Rick Van Bruggen, M.S., P.E., Water Resources Consulting Services, San Francisco, California