Poppler v. Wright Hennepin Cooperative Electric Ass'n, 834 N.W.2d 527

Popplers operate a 200-cow Wright County dairy farm served by Wright Hennepin Cooperative Electric Association.
Plaintiffs alleged that stray electrical voltage injured their herd, reducing milk production and health, and sued for negligence, nuisance, and trespass.
Trial in March 2012 resulted in a verdict against Wright Hennepin on negligence, trespass, and nuisance, totaling $753,200, later remitted to $715,200 with post-judgment adjustments.
Wright Hennepin moved post-trial to exclude expert causation testimony and to challenge damages evidence; district court admitted experts and denied post-trial relief.
On appeal, the court affirmed in part, reversed in part, and remanded for a new damages trial due to the improper damages framing, while upholding most evidentiary rulings and the trespass denial as plain error not affecting substantial rights.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of expert evidence	Popplers contended experts were qualified and properly relied on Ohm’s law.	Wright Hennepin argued experts were unqualified and Frye-Mack issues unresolved.	District court did not abuse discretion; no reversible error given record support for qualifications and established methods.
Causation sufficiency	Evidence shows stray voltage caused health and milk losses.	Levels argued too low to cause harm.	Evidence supports causation; jury could reasonably infer stray voltage caused damages.
Damages itemization vs. jury award	Damages should be based on total award; itemization unnecessary.	District court lacked authority to itemize without jury-provided breakdown.	District court erred in itemizing damages; remand for new damages trial limited to damages issue.
Milk loss as damages measure and lost profits	Milk loss reflects lost revenues; damages need not prove full lost profits offset by expenses.	Milk loss alone is inadequate without evidence of expense changes; cannot prove lost profits with reasonable certainty.	Milk-loss theory not a proper measure; requires evidence of both revenue decline and expense changes; new damages trial required.
Trespass and treble damages	Trespass claim proper; treble damages under §548.05 requested.	Trespass not actionable; treble damages inapplicable for grazing livestock.	Trespass submission to jury is plain error; treble damages denied; remand for damages retrial.

Siewert v. Northern States Power Co., 793 N.W.2d 272 (Minn. 2011) (describes stray voltage concept and standards for admissibility)
Kastner v. Wermerskirschen, 205 N.W.2d 336 (Minn. 1973) (limits on expert testimony regarding animal health conditions)
Gross v. Victoria Station Farms, Inc., 578 N.W.2d 757 (Minn. 1998) (admissibility of expert testimony on animal health matters)
Goeb v. Tharaldson, 615 N.W.2d 800 (Minn. 2000) (review of Frye-Mack and foundational reliability)
Hill v. Okay Constr. Co., 252 N.W.2d 107 (Minn. 1977) (authority to make supplemental findings under Rule 49.01)
Doe v. Archdiocese of St. Paul, 817 N.W.2d 150 (Minn. 2012) (Frye-Mack standard applied to scientific evidence)
Johnson v. Paynesville Farmers Union Coop. Oil Co., 817 N.W.2d 693 (Minn. 2012) (trespass vs nuisance: intangible entry analysis)