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Torts Keyed to Epstein
Vogel v. Grant-Lafayette Electric Cooperative
Facts
The Plaintiffs were dairy farmers and members of Defendant, a cooperative association that distributed electricity to its members. Shortly after building a new milking facility in 1970, Plaintiffs noticed problems with their herd. They discovered that the problems were associated with stray voltage. In 1986, Defendant responded to Plaintiff’s concerns about stray voltage and built an isolator. The behavior of the herd began to improve immediately. In 1992, Plaintiffs filed suit against Defendant for negligence and nuisance. Defendant denied these allegations and alleged that Plaintiffs were contributorily negligent in the design, maintenance, and operation of their electrical equipment. The jury found that Defendant was negligent and that it had created a nuisance. It awarded Plaintiffs $240,000.00 in economic damages and $60,000.00 in annoyance and inconvenience damages. A verdict for $200,000.00 was entered and Defendant appealed. The court of appeals held that the trial court erred in submitting the nuisance claim to the jury.
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