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RJO Construction Attorney Obtains 11-1 Jury Verdict in Dispute Over Re-Paving of Highway 128 in Napa


Tyson Arbuthnot recently obtained an 11 to 1 jury verdict on behalf of client Chester Bross Construction in Napa County Superior Court. Chester Bross is a heavy civil construction company that works on numerous Caltrans projects. This case involved a $3 Million Caltrans re-paving project on Highway 128, one of the main thoroughfares for California’s wine country. Mr. Arbuthnot defeated a material supplier’s payment claim for highway paving emulsion it provided to the project. Mr. Arbuthnot proved that the emulsion was defective and caused the asphalt paving to fail on portions of the highway. Accordingly, the jury found that the supplier did not meet its contract obligations, so no payments were due for the defective emulsion. The jury deliberated for only 45 minutes after a week-long trial. Alan Wilhelmy served as co-counsel, and provided critical guidance throughout the trial.

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