Maggio, Inc. v. United Farm Workers of America
Opinion
Opinion
Kremer, J.
The United Farm Workers of America (hereafter UFW or Union) appeals a judgment awarding damages to grower Maggio, Inc. for crop losses, damaged personal property, housing costs for replacement workers and additional security expenses caused by the tortious conduct of UFW strikers during a 1979 strike in the Imperial Valley.
On appeal, the UFW contends the evidence does not support a finding the Union authorized, participated in or ratified tortious activity of the strikers. The UFW contends the court erred in calculating damages, applying the collateral source rule, admitting hearsay statements by labor contractors, admitting a summary of Maggio’s damage claims without expert testimony, and denying the UFW’s motion to dismiss pursuant to Code of Civil Procedure section 583, subdivision (a) for Maggio’s failure to diligently prosecute the case. The UFW also seeks sanctions for Maggio’s unsuccessful motion to dismiss the UFW’s appeal. We affirm the judgment as modified.
Background
In January 1979, the UFW sanctioned strikes against a number of vegetable growers in the Imperial Valley, including Maggio, after negotiations for a new contract failed. The strike against…