| Wisconsin State Journal Feb 15, 2005 Appeals court upheld a $1.75 million award to Dairy Farmer |
The 3rd District Court of Appeals said Russell Allen was not too late for the six-year
statute of limitations when he sued Wisconsin Public Service Corp. in 2000, some 24
years after he first noticed milk production was low after moving his herd to a new barn.
They said Allen could not have known exactly what caused his herd's problems until he
installed a new electric iolater in January 1998 at his farm near De Pere and milk
production improved.
"It was after this new isolater was installed that Allen could objectively know that WPS's
electrical system was a cause of the damage to his dairy operation," the court said.
The court also rejected WPS's appeal to reduce the damages, noting Allen had tried
everything to make his cows produce more changing his herd's nutrition, buying a new
mixer feed wagon and installing a new milking parlor to no avail.
"For more than two decades Allen's cows' behavior was difficult to control," it said. "Even
though the jury's award here exceeded awards in other reported stray voltage cases, we
conclude the award is justified."
The court turned down Allen's appeal to triple the amount of damages, saying WPS made
several checks of his farm and reasonably concluded the low level of stray voltage was
unlikely to harm milk production.
The court sent back to the trial court determination of whether the award included
damages for future earnings, but said the point may be moot because Allen has quit the
dairy business.
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