311 P.3d 1184
N.M. Ct. App.2013Background
- Dan Loper d/b/a Rio Leche Dairy hired JMAR to design, build, and deliver a turnkey dairy; Snider Electric subcontracted electrical work.
- After delivery, milk production declined; Precision Electric found and corrected wiring defects.
- Plaintiff alleged JMAR design/construction negligence and Snider Electric installation failures caused stray voltage affecting cows.
- Plaintiff settled with Snider Electric and agreed to indemnify Snider and reduce any judgment against JMAR.
- JMAR moved for summary judgment on circuity and to exclude Stetson's causation testimony; district court granted both; appeal followed on electrical/NMg claims and expert admissibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Circuity bar to claims asserted against JMAR | Loper claims not barred since direct negligence against JMAR remains. | Circuity applies due to indemnity from Snider and its agreement to indemnify JMAR. | No summary judgment on circuity; questions of fact remain. |
| Admissibility of Stetson’s causation opinions | Stetson’s opinions are admissible given his expertise and data in the record. | Stetson’s threshold 2–4 volt standard was not reliably supported by objective measurements. | Stetson’s testimony admissible; district court erred in exclusion. |
Key Cases Cited
- Hoover’s Dairy, Inc. v. Mid-Am. Dairymen, Inc., 700 S.W.2d 426 (Mo. 1985) (stray voltage causation evidence supports proximate cause)
- Carpenter v. Consumer’s Power Co., 584 N.W.2d 375 (Mich. Ct. App. 1998) (dairy stray voltage case with causation evidence)
- Schlader v. Interstate Power Co., 591 N.W.2d 10 (Iowa 1999) (case noting non-necessity of expert testimony in stray voltage)
- Wal-Mart Stores, Inc. v. RLI Ins. Co., 292 F.3d 583 (8th Cir. 2002) (circuitous indemnity considerations in indemnity schemes)