Anderson v. Lloyd's Feed Service

443 N.W.2d 208, 1989 Minn. App. LEXIS 846, 1989 WL 84063
CourtCourt of Appeals of Minnesota
DecidedAugust 1, 1989
DocketC3-88-2231
StatusPublished
Cited by2 cases

This text of 443 N.W.2d 208 (Anderson v. Lloyd's Feed Service) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Lloyd's Feed Service, 443 N.W.2d 208, 1989 Minn. App. LEXIS 846, 1989 WL 84063 (Mich. Ct. App. 1989).

Opinion

OPINION

WOZNIAK, Chief Judge.

Appellants Bruce and Jane Anderson brought an action against respondent Lloyd’s Feed Service for breach of an implied warranty of fitness for a particular purpose. The jury found Lloyd’s Feed had breached its implied warranty and the Andersons had suffered damages. The trial court initially adopted these findings, but later granted Lloyd’s Feed’s motion for judgment notwithstanding the verdict (JNOV). The Andersons argue that JNOV was inappropriate because there was competent evidence of breach of warranty and damages. We agree and reverse.

FACTS

Appellants Bruce and Jane Anderson began raising hogs on their family farm in 1982. They intended to develop a large scale farrow to finish operation. To finance this operation, they obtained a $42,- *209 000 operating loan and a $200,000 capital loan.

The Andersons originally ground their own com to make feed. Feed is a mixture of ground com and added concentrate. In August 1984, they ran out of com and could not make their own feed. They contracted with Lloyd’s Feed to supply them with feed.

Lloyd’s Feed agreed to provide feed so long as the Andersons procured their own com. The Andersons paid $0.10 per bushel premium for high quality com at a nearby elevator. This com was placed in a holding bin with com from other farmers. Lloyd’s Feed ground com from this holding bin and mixed it with concentrate to make feed. This feed was delivered to the Andersons from August 15, 1984 to October 20, 1984.

Many of the Andersons’ pigs died between August 1984 and November 1984, from reabsorption, abortion, and severe cases of common diseases. The herd was particularly damaged by the death of 73 of the 123 sows on the Anderson farm.

In September 1984, the Andersons consulted Dr. Timothy Loula, a hog specialist, about the alarming death rate among their pigs. Dr. Loula, a veterinarian, is a clinical professor of hog medicine at the University of Minnesota. He visited the Anderson farm frequently to discover the source of the problem. He investigated viruses, bacteria, stray voltage, management practices, and water quality, but concluded none of these caused the deaths.

Dr. Loula suspected the feed might be the cause of the Andersons’ problem. On November 12, 1984, the Andersons sent a sample of their feed to the Minnesota Valley Testing Lab in New Ulm, Minnesota. A test revealed a high and unbalanced mineral content, including particularly high levels of zinc. The test also indicated a mold content that was too numerous to count.

Mold may produce microtoxins, such as aflatoxins. Because of the presence of mold, Dr. Loula advised that a second test for aflatoxins be conducted. The Andersons sent a sample of farrowing feed to the lab on November 19, 1984. The test revealed no B2, Gl, and G2 aflatoxins in the farrowing feed. Nevertheless, it indicated an undetermined amount of Mycotox-in Bl, an aflatoxin. The lab requested á sample of at least 200 grams to determine the amount of Mycotoxin Bl present. The Andersons, however, had already used all of the feed.

On April 2, 1985, the Andersons brought an action for breach of an implied warranty of fitness for a particular purpose. Minn. Stat. § 336.2-315 (1988). The jury returned a verdict for the Andersons. The jury specifically found Lloyd’s Feed had sold defective feed which caused the deaths, that the Andersons sustained $169,-931 in damages, and that they owed $7,125 on account to Lloyd’s Feed. The trial court issued findings of fact and conclusions of law adopting the jury’s verdict, but subsequently granted Lloyd’s Feed’s motion for JNOV. The Andersons appeal.

ISSUES

1. Was there competent evidence to support the jury’s determination that Lloyd’s Feed sold defective feed which caused the deaths of the Andersons’ pigs?

2. Was there competent evidence to support the jury’s findings on damages?

ANALYSIS

The trial court granted Lloyd’s Feed’s motion for JNOV. A motion for JNOV will not be granted as long as there is “ANY competent evidence reasonably tending to support the verdict.” Thorn v. Glass Depot, 373 N.W.2d 799, 802 (Minn.Ct.App.1985), pet. for rev. denied (Minn. Nov. 1, 1985) (emphasis in original). The evidence must be viewed in the light most favorable to the verdict. Id. We apply the same standard as the trial court in evaluating a motion for JNOV. Edgewater Motels, Inc. v. Gatzke, 277 N.W.2d 11, 14 (Minn.1979).

1. The Andersons alleged Lloyd’s Feed breached an implied warranty of fitness for a particular purpose. See Minn. Stat. § 336.2-315 (1988). To establish such *210 a warranty claim, a buyer must prove (1) the existence of a warranty, (2) a breach of that warranty, and (3) a causal link between the breach and the alleged harm. Imdieke v. Blenda-Life, Inc., 363 N.W.2d 121, 124 (Minn.Ct.App.1985), pet. for rev. denied (Minn. Apr. 26, 1985). The jury found the Andersons had demonstrated each of these elements, yet the trial court granted JNOV because it concluded no competent evidence of a breach or a causal link was presented.

Dr. Loula testified that the mold, minerals, and aflatoxin interacted to make the feed defective and to cause the pigs’ deaths. Respondents contend on appeal that, although there was competent evidence of mold and minerals, there was no competent evidence of aflatoxin. The trial court concluded there was no competent evidence of aflatoxin because the Minnesota Valley Testing Lab report was unreliable.

The court found the report was unreliable because there was no evidence that the samples came from Lloyd’s Feed. Bruce Anderson testified, however, that the samples were from Lloyd’s Feed since there was no other feed on his farm at that time. His testimony is competent evidence the tested feed came from Lloyd’s Feed.

The trial court also concluded the report was unreliable because Dr. Loula had never seen an aflatoxin analysis and he did not know what testing procedures were used. Dr. Loula testified that the lab report showed at least five parts per billion of aflatoxin because of the testing screen used. In contrast, Dr. Hagler, a mycotoxi-cologist with experience in aflatoxin testing, testified that the lab report was unreliable and nonsense.

The trial court discounted Dr. Loula’s testimony essentially because of inadequate foundation. Although Lloyd’s Feed initially objected to Dr. Loula’s testimony based on lack of foundation, it later withdrew this objection. Once such an objection is withdrawn, the credibility of a witness becomes a jury question. It was therefore inappropriate for the trial court to conclude post hoc that Dr. Loula’s testimony was unreliable.

, Evidence in the record other than the lab report indicates aflatoxin was present. Dr.

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Bluebook (online)
443 N.W.2d 208, 1989 Minn. App. LEXIS 846, 1989 WL 84063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-lloyds-feed-service-minnctapp-1989.