Imdieke v. Blenda-Life, Inc.

363 N.W.2d 121, 1985 Minn. App. LEXIS 3863
CourtCourt of Appeals of Minnesota
DecidedFebruary 19, 1985
DocketC1-84-1036
StatusPublished
Cited by13 cases

This text of 363 N.W.2d 121 (Imdieke v. Blenda-Life, Inc.) 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
Imdieke v. Blenda-Life, Inc., 363 N.W.2d 121, 1985 Minn. App. LEXIS 3863 (Mich. Ct. App. 1985).

Opinion

OPINION

LESLIE, Judge.

A jury returned a $114,000 verdict against appellant Blenda-Life, Inc. and in favor of respondent, Roger Imdieke, for loss of milk production and injury to dairy cows caused by a feed supplement manufactured and sold by Blenda-Life, Inc.

Blenda-Life, Inc. moved for judgment notwithstanding the verdict (JNOV) or a new trial. The trial court denied the motions, but reduced the amount of incidental damages from $10,000 to $5,000. We affirm in part, reverse in part and remand.

FACTS

Roger Imdieke, 30, has been involved in dairy farming all his life. In the fall of 1976 he was approached by Arthur White, the owner of Blenda-Life, Inc., who suggested purchase of Blenda-Life supplement. He told Imdieke, that “the product would increase milk production to 15,000 pounds of production per cow per year and maintain the cow’s health and reproductive capacity.”

Imdieke purchased the supplement and used it on his herd for four and one-half years. Initially, the cows produced about 13,000 pounds of milk per cow per year, but their production fell steadily. In the latter part of the four and one-half-year period, eight cows died suddenly. Imdieke consulted his veterinarian who could not explain the cows’ health problems and declining production. The veterinarian told Imdieke to consult with Dr. William Olson, a nutritionist and veterinarian from the University of Minnesota veterinary school.

Dr. Olson diagnosed the herd as suffering from vitamin D toxicosis and identified the Blenda-Life supplement as the cause of the problem. He determined that the supplement contained 200 times the industry-recognized amounts of vitamin A and D and was deficient in protein and phosphorus. There was no testimony justifying these levels of vitamins in the supplement.

Donald Bakehouse, an expert in farm loss evaluations, determined Imdieke’s losses as follows:

Loss of daughters entering the herd $2,840

Lost income from dead & wasted cows sold $35,172

Lost value of dead & wasted cows $15,340

Lost income due to milk production $43,171

Loss of future income $23,274

Hauling of dead cows to the U of M $768

Loss interest income $31,151

Total $151,716

These figures were uncontroverted. Bakehouse based his appraisal of loss on Imdieke’s six years of detailed farming records which included, among other information, each cow’s food intake, the pounds of milk produced, the percentage of butter fat in the milk, the length of lactation (milk producing days per year), length of time between the cow’s calves, and the average production of the entire herd. His appraisal was also based on information and procedures normally used in the field of farm loss evaluation, and experience with other Blenda-Life herds.

The jury found by special verdict that defendant breached its warranties and caused plaintiff to suffer $57,000 in general damages, $10,000 in incidental damages and $47,000 in consequential damages. The trial court denied defendant’s motion for JNOV or new trial, but reduced the incidental damages to $5,000.

ISSUE

Did the trial court err in denying defendant’s motion for JNOV or new trial?

ANALYSIS

Denial of JNOV

The standard to be applied in determining the propriety of granting a motion *124 for JNOV is whether there is any competent evidence reasonably tending to support the verdict. Newmaster v. Mahmood, 361 N.W.2d 130 (Minn.Ct.App.1985); citing Kantorowicz v. VFW Post, No. 230, 349 N.W.2d 597 (Minn.Ct.App.1984).

A motion for JNOV admits every inference reasonably to be drawn from the evidence as well as the credibility of the testimony for the adverse party. Seidl v. Trollhaugen, Inc., 305 Minn. 506, 232 N.W.2d 236 (1975). Only where the facts are undisputed and reasonable minds can draw but one conclusion does the question become one of law for the court. Kramer v. Kramer, 282 Minn. 58, 162 N.W.2d 708 (1968).

Here, the facts are basically uncon-troverted. Therefore, the court properly denied the motion.

Denial of New Trial

A motion for a new trial made upon the ground that the jury verdict is not supported by the evidence should be granted only in cases “where the preponderance of the evidence clearly suggests jury mistake, improper motive, bias or caprice.” Conover v. Northern States Power Co., 313 N.W.2d 397, 408 (Minn.1981), citing Koenig v. Ludowese, 308 Minn. 380, 243 N.W.2d 29 (1976).

Viewing the evidence in a light most favorable to the verdict, there is ample evidence to support the verdict for general and consequential damages, but there is insufficient evidence to support the verdict for incidental damages.

General Damages

To establish a warranty claim plaintiff must prove (1) the existence of a warranty, (2) a breach, and (3) a causal link between the breach and the alleged harm. Peterson v. Bendix Home Systems, Inc., 318 N.W.2d 50, 52-53 (Minn.1982).

There is uncontroverted evidence of a warranty and its breach. Blenda-Life contends that Imdieke failed to prove a causal relationship between the harm suffered and the breach. The only evidence of causation was Imdieke’s testimony that the supplement for which he paid $78,584 is worth only $18,000 to $20,000 in its defective condition. He based this opinion on his knowledge of the cost of the ingredients in the supplement and the fact that his cows produced some milk. ($78,584 - $20,000 = $58,584, the jury assessed $57,000 in general damages.)

Blenda-Life claims Imdieke’s testimony did not establish a causal link because Im-dieke was not qualified to evaluate the product’s worth in its defective or unwarranted condition. He could not accurately calculate the value of the feed because the formula is a trade secret and the costs of ingredients of cattle feed is not within the common knowledge of a dairy farmer.

We disagree. Blenda-Life relies on Settell’s Inc. v. Pitney Bowes, Inc., 305 N.W.2d 896 (Neb.1981), where the court found that plaintiff failed to prove its damages in a product liability case. However, in Settell the plaintiff presented no evidence as to the value of the product in its defective condition. Here, Imdieke testified that the defective product was only worth between $18,000 and $20,000.

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Bluebook (online)
363 N.W.2d 121, 1985 Minn. App. LEXIS 3863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imdieke-v-blenda-life-inc-minnctapp-1985.