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Remedies Keyed to Tabb, 8th
Grams v. Milk Products, Inc.
Citation:
699 N.W.2d 167 (2005)Facts
Gerald and Joliene Grams operated a commercial calf-raising business since 1992, acquiring calves at three to five days old and raising approximately 6000 calves annually until resale at four months old. The Grams initially used Cargill’s medicated “Half-Time” milk replacer manufactured by Milk Products. In November 2000, seeking a less expensive option, a Cargill representative told the Grams they could purchase non-medicated “Half-Time” at a lower price. After beginning use of the non-medicated version in January 2001, the Grams noticed calves were not gaining weight properly, appeared gaunt and hungry, and the mortality rate tripled from nine percent to thirty-four percent. The Grams believed poor nutritional content in the non-medicated replacer damaged the calves’ immune systems, causing poor growth and higher mortality. By June 2001, after several attempts to remedy the problems, the Grams discontinued using the non-medicated product and filed suit in October 2001 alleging breach of implied warranty, strict liability tort, negligence, intentional misrepresentation, and strict responsibility misrepresentation.
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