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concerning the damage to the apricots. Petitioners expressed
their disapproval but accepted the check.
On December 3, 1999, petitioners met with Phillips, Pellegri
Jr., and Giannecchini. Petitioners asked Phillips to explain why
his final damage estimate was so much less than the estimate of
$105,000 that he had made at the June meeting. Phillips claimed
that he had lost the notes that he had used in making the
previous estimate. Giannecchini informed petitioners that the
Pellegris had executed a release of the claim against JTF but
that he did not have a copy of the release for them at that time.
Petitioners expressed their disapproval of any such release, and
they reminded Giannecchini of their instruction to him that the
Pellegris were not authorized to make a settlement on their
behalf.
On December 7, 1999, Giannecchini brought to petitioners’
home a copy of the release and a copy of the check from JTF
payable to Pellegri Sr. for $36,973. Both the release and the
check were dated November 2, 1999. The release provided in
relevant part:
In return for the payment of a total of $36,973.00,
receipt of which acknowledged, Steve Pellegri and Sons
hereby releases John Taylor Fertilizers Co./Wilbur-
Ellis Co., Elf Atochem North America, their owners and
employees, and their heirs, executors and assigns, from
any claim of damages to their 1999 apricot crop,
resulting from pesticide applications.
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Last modified: May 25, 2011