Larson v. Williams Electric Co-Op., Inc.

534 N.W.2d 1, 1995 WL 380589
CourtNorth Dakota Supreme Court
DecidedJune 27, 1995
DocketCiv. 940156
StatusPublished
Cited by26 cases

This text of 534 N.W.2d 1 (Larson v. Williams Electric Co-Op., Inc.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Larson v. Williams Electric Co-Op., Inc., 534 N.W.2d 1, 1995 WL 380589 (N.D. 1995).

Opinions

NEUMANN, Justice.

Williams Electric Cooperative [hereinafter Williams or Williams Electric] appeals from a jury verdict of $429,506 for damages to a dairy operation caused by stray voltage.1 We reverse and remand for a new trial.

[2]*2Paul Larson was a patron and member of Williams Electric. In the late 1970’s Larson began construction of a new milking parlor on his farm. His plan was to increase his efficiency and thereby create greater cash flow. This milking parlor was completed in July of 1980 and went into production immediately after approval by the North Dakota State Dairy Inspector and an inspection by employees of the manufacturer of the milking system. Almost immediately Larson began noticing his livestock became very nervous and hard to handle around the milking equipment. This was followed by a dramatic reduction in milk production. Soon thereafter Larson’s cows began suffering from chronic incidents of mastitis, a bacterial infection. If the mastitis bacteria become detectable in the milk, the farmer will receive a reduced price for his product. When the bacteria count reaches a certain level, the milk may not be sold.

Larson made numerous attempts over the next several years to curb his infection rates, but every effort failed. Meanwhile, the bacterial counts at times rendered the milk unmarketable. In an effort to rid himself of the problem, he disposed of and replaced his entire herd. However, each time he brought in new livestock they soon contracted mastitis. Eventually, Larson’s veterinarian suggested the problem might be electrical in nature.

Larson turned to Williams Electric. The personnel of Williams, responding to his complaints, continually denied anything was wrong. Larson complained vigorously about getting shocked by some of the milking equipment. Eventually, Williams installed a blocker on Larson’s electrical line that is designed to isolate and stop stray voltage problems.

Larson contends his problems began to diminish almost immediately. As he continued to replace his herd for a second time, he noticed the new animals did not suffer from mastitis, and were not nervous around the milking equipment. Eventually his problems subsided as his herd was replaced.

Williams contends that after the blocker/isolator was installed on Larson’s service pole, Williams caused the North Dakota State Electrical Inspector to inspect the farm. The inspector made a number of suggestions and noted some deficiencies, all of which were remedied. Williams contends that any stray voltage problems resulted from the deficiencies, and that the corrections caused the turnaround in Larson’s dairy operation.

After an extensive jury trial, a verdict was returned against Williams for $429,506. Williams challenges this verdict on many separate grounds, but we need only deal with two.

I. The Trial Court’s Exclusion of All Williams Electric Customers and Members From Jury Panel

In the instant case, after the 40-person panel was seated, and after the parties argued their motions, the judge excused every member of Williams Electric Cooperative from the jury panel. This amounted to [3]*312 people excused by the court, leaving a panel of 28 from which six jurors and one alternate were to be selected. Apparently the record of the arguments regarding the dismissal of the Williams Electric members is missing.2 The trial court’s reasoning, however, is reflected in its ruling on Williams’ motion for judgment notwithstanding the verdict and motion for a new trial. In explaining its ruling to exclude the Williams Electric members from the jury, the trial court stated:

Under the territorial integrity laws of the State of North Dakota, members of a rural electric are captive consumers. In other words, they have no choice as to where they get their power. This contrasts with membership in other cooperatives where members can choose other methods of marketing or purchasing.
The Court had an interesting dilemma with which to deal.
Williams Electric was being sued for hundreds of thousands of dollars. Notwithstanding arguments of the Defendant to the contrary, any cooperative member is sophisticated .enough to understand that if a cooperative takes a hit of hundreds of thousands of dollars, there are some consequences. Whether those consequences are in the form of increased rates to members for their usage, reduced margins, or reduced patronage dividends or retirement benefits would depend on the situation.

Wililams asserts this dismissal of prospective jurors was improper. The standard of review for trial court rulings on jury challenges is abuse of discretion. Sand v. Queen City Packing Co., 108 N.W.2d 448, 453 (N.D.1961).

The relevant part of North Dakota’s statute on challenges for cause states:

Challenges for cause may be taken on one or more of the following grounds:
5. Interest on the part of the juror in the event of the action, or in the main question involved in the action, except his interest as a member or citizen of a municipal corporation.

NDCC § 28-14-06(5) (1991). We recently determined that “mere membership in a cooperative does not signify an interest sufficient to automatically disqualify a person from serving as a juror in a case involving the cooperative.” Cassady v. Souris River Tel. Coop., 520 N.W.2d 803, 806 (N.D.1994). In Cassady we held it was improper when choosing prospective jury members “to rely only on cooperative membership as an indication of prejudice.” Id. at 806-07. We concluded the trial court in Cassady did not abuse its discretion when it refused to apply a blanket disqualification, and instead required that actual bias be established to disqualify a prospective juror, rather than presume a bias based only upon a relationship of a prospective juror. Id. In Cassady the judge observed that the damages were very low and membership in the cooperative was quite large. Id. at 806. As a result, “any financial interest individual members might have is essentially de minimis.” Id. In other words, each member’s stake in the result was so low that it would be improper for the trial court to presume bias on the part of a potential juror.

This court in the past has refused to adopt automatic or blanket disqualifications of potential jurors. See id. (upholding trial court’s ruling that would not allow a blanket [4]*4disqualification based solely on cooperative membership); Jerry Harmon Motors, Inc. v. First Nat’l Bank & Trust Co., 440 N.W.2d 704, 709 (N.D.1989) (refusing to require automatic disqualification of bank depositors from serving on a jury in an action involving the bank); Basin Elec. Power Coop. v. Miller, 310 N.W.2d 715

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McKenzie Electric Coop., Inc. v. El-Dweek
2024 ND 227 (North Dakota Supreme Court, 2024)
Halderson v. N. States Power Co.
2018 WI App 54 (Court of Appeals of Wisconsin, 2018)
Loper v. JMAR
2013 NMCA 098 (New Mexico Court of Appeals, 2013)
Poppler v. Wright Hennepin Cooperative Electric Ass'n
834 N.W.2d 527 (Court of Appeals of Minnesota, 2013)
Day v. Johnson
232 P.3d 175 (Colorado Court of Appeals, 2009)
Winner Bros. v. Seitz Electric, Inc.
912 N.E.2d 1180 (Ohio Court of Appeals, 2009)
Howes v. Kelly Services, Inc.
2002 ND 208 (North Dakota Supreme Court, 2002)
Martins v. Interstate Power Co.
652 N.W.2d 657 (Supreme Court of Iowa, 2002)
Scanlon v. Connecticut Light & Power Co.
782 A.2d 87 (Supreme Court of Connecticut, 2001)
Kaech v. Lewis County PUD
23 P.3d 529 (Court of Appeals of Washington, 2001)
Kaech v. Lewis County Public Utility District No. 1
106 Wash. App. 260 (Court of Appeals of Washington, 2001)
Alston v. Black River Electric Cooperative
527 S.E.2d 119 (Court of Appeals of South Carolina, 2000)
James v. Beauregard Elec. Co-Op., Inc.
736 So. 2d 353 (Louisiana Court of Appeal, 1999)
Schlader v. Interstate Power Co.
591 N.W.2d 10 (Supreme Court of Iowa, 1999)
Wall v. Keels
501 S.E.2d 754 (Court of Appeals of South Carolina, 1998)
Larson v. Williams Electric Co-Op., Inc.
534 N.W.2d 1 (North Dakota Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
534 N.W.2d 1, 1995 WL 380589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larson-v-williams-electric-co-op-inc-nd-1995.