Plaintiffs are 4-for-4 against Smithfield Foods.

But the price tag on damages dropped in the fourth trial that ended Wednesday and Thursday in a Raleigh federal courtroom.

The jury in the hog nuisance trial of eight Sampson County neighbors against the world’s largest pork producer rendered a verdict awarding between $100 and $75,000 to each in compensation.

In the phase of the trial for punitive damages, published reports say the plaintiffs’ attorney attempted to enter seven exhibits but only three were allowed. Citing a lack of evidence to continue, Judge David Faber threw out the request, ending a trial that began Nov. 14.

The total compensation was $102,400, broken down into four awards of $100 each, two of $1,000 each, and one each of $25,000 and $75,000.

That brings the total won by plaintiffs to $549,352,400, although North Carolina law caps the punitive damages amount – a reduction to $97,982,400.

The four cases so far have involved two with ties to Bladen County. The fifth of the 26 cases is expected to start in January, and could have Judge Earl Britt — who was on the bench for the first three — back. It will be the second case involving the Joey Carter Farm near Beulaville.

Published reports have said the fourth through six cases would go Faber, Britt, Faber, but a report Thursday indicated Faber has the next case.

The jury of 10 — two jurors were allowed to leave during the trial — on Wednesday morning had told Faber they were deadlocked and unable to reach a unanimous decision. He sent them back for more deliberations and, according to multiple reports, in less than about 90 minutes they returned with the decision.

The farm near the plaintiffs’ homes is Sholar Farm. It is owned by Smithfield Foods, the parent company of named defendant Murphy-Brown. This was the first case that involved a farm owned by the company, rather than a family or business contracting with the pork producer.

Steve Troxler, the state’s agriculture commissioner, is among many in the farm industry who say the results of these hog nuisance lawsuits could significantly damage not only hog farmers but the economies in communities around which they live. News of the punitive damages being tossed is a boost of optimism for the industry, which is supported on billboards and with yard signs throughout eastern North Carolina.

Duplin, Sampson and Bladen counties are the leaders in hog production for the state, and rank among the top 15 in the nation. The industry provides 46,000 jobs and is worth $11 billion in North Carolina, which is second only to Iowa in hog production.

Before Wednesday’s verdict, three trials won by the plaintiffs resulted in awards of $549.25 million in damages.

The first of the 26 cases involved Kinlaw Farms, owned by Billy Kinlaw along N.C. 53 in the White Oak community where about 15,000 pigs were being raised. The jury on April 26 said 10 neighbors were to be awarded $50.75 million, an amount reduced to $3.25 million by the punitive damages law.

The first case of the Joey Carter Farm ended June 29, with plaintiffs Elvis and Vonnie Williams awarded $25.13 million — $65,000 each in compensatory damages, $12.5 million each in punitive damages. The punitive cap, $250,000 each, put their combined award from the jury at $630,000.

Pender County farms involving Elizabethtown-based HD3 Farms of the Carolinas’ subsidiary Greenwood Livestock LLC, owned by White Lake businessman Dean Hilton, were involved in the third lawsuit. A judgment of $473.5 million on Aug. 3 included $450 million in punitive damages and $23.5 million in compensatory damages. State law reduced the combined amount to $94 million.

HD3 Farms has operations in Bladen, Sampson, Robeson, Scotland, Columbus, Duplin, Hoke and Pender counties.

Each of the first three cases were appealed to the 4th Circuit Court of Appeals in Richmond, Virginia.

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Alan Wooten

Bladen Journal

Alan Wooten can be reached at 910-247-9132 or awooten@bladenjournal.com. Twitter: @alanwooten19.