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[T] Schlader v. Interstate Power Co.3/24/1999
Appeal from the Iowa District Court for Cerro Gordo County, John Mackey, Judge.
Appeal from summary dismissal of "stray voltage" suit. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
Summary judgment was entered against the plaintiffs, dairy farmers, in this "stray voltage" suit. Plaintiffs appeal, especially challenging a trial court ruling rejecting proffered testimony of their expert witness. We affirm in part, reverse in part, and remand.
Interstate Power Company [hereinafter IPC] provides electricity to the dairy farm of Stephen Schlader and Carol Schlader [hereinafter Schladers]. The Schladers bought their farm in August 1985. For the next four years, the Schladers claim their dairy cow herd suffered decreased milk production and health problems. The Schladers' milking equipment supplier is said to have discovered stray voltage measuring well over a full watt stemming from IPC's power lines. IPC sent two employees to install an "isolator" or "block." It is claimed that the positive effects on the Schladers' herd were immediate and significant.
The Schladers thereafter filed this petition against IPC seeking money damages for claimed past and continuing problems with stray voltage. The suit included counts in negligence, strict liability, breach of implied warranties, and breach of contract, as well as a claim for gross negligence. The district court entered summary judgment against the Schladers, based on contentions we describe in the divisions that follow. The matter is before us on the Schladers' appeal.
I. We generally view evidentiary rulings for abuse of discretion. Williams v. Hedican, 561 N.W.2d 817, 822 (Iowa 1997). A trial court may commit an abuse of discretion if it unreasonably refuses to allow an expert qualified by experience. Hutchison v. American Family Mut. Ins. Co., 514 N.W.2d 882, 886 (Iowa 1994).
Summary judgment is proper when there is no genuine issue of fact and the moving party is entitled to judgment as a matter of law. Knapp v. Simmons, 345 N.W.2d 118, 121 (Iowa 1984). Every legitimate inference that reasonably can be deduced from the evidence should be afforded the nonmoving party. Id. Summary judgment may be appropriate in an instance in which expert testimony is required to establish negligence or foundational facts, and expert testimony is unavailable, therefore no genuine issue of fact can be proved. Welte v. Bello, 482 N.W.2d 437, 440 (Iowa 1992).
Stray voltage has been addressed by many courts including our own; the concept is not new. See Hegg v. Hawkeye Tri-County REC, 512 N.W.2d 558 (Iowa 1994) (customers alleging damage to their dairy herd by stray voltage were alleging continuing wrong and could recover for damages occurring within five-year statute of limitation); Fox v. Interstate Power Co., 521 N.W.2d 762 (Iowa App. 1994) (dairy farmer argued against apportionment of fault in stray-voltage case); see also Federated Rural Elec. Ins. Co. v. Nationwide Mut. Ins. Co., 874 F. Supp. 1204 (D. Kan. 1995) (case arose from insured's alleged failure to prevent or causing of stray-voltage problems); Haile v. Arkansas Power & Light Co., 907 S.W.2d 122 (Ark. 1995) (action brought against electric utility for damages suffered to cattle allegedly caused by stray voltage); Hoover's Dairy, Inc. v. Mid-America Dairymen, Inc., 700 S.W.2d 426 (Mo. 1985) (purchaser of automatic milking system sued distributor and seller alleging negligent installation for failure to test for stray voltage); Larson v. Williams Elec. Coop., Inc., 534 N.W.2d 1 (N.D. 1995) (farmer brought action against electric cooperative seeking recovery of damages to dairy farm allegedly caused by stray voltage); Kuper v. Lin
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