11 N.W.3d 371
Neb.2024Background
- Ronnfeldt Farms, Inc. (RFI) operates a sow facility and annually contracts with Jason Arp’s manure management company (Knee Deep, LLC) for manure removal.
- In 2020, Arp enlisted Frosty’s Dragline, LLC (Frost), another manure pumper, to assist the job, with Frost’s crew having pumped at a hog finishing facility immediately prior.
- RFI’s specific (unwritten) biosecurity protocols allegedly prohibited pumping at its facility immediately after a hog facility, but only RFI and Arp communicated directly; Frost was informed of protocols via Arp.
- After pumping, a PRRS outbreak occurred at RFI’s facility, and RFI sued both Arp and Frost for breach of contract and negligence, seeking $1.5 million in damages.
- The trial court granted summary judgment for Frost, finding no legal duty to RFI; Court of Appeals partially reversed, holding fact issues regarding independent negligence remained; Nebraska Supreme Court granted further review.
Issues
| Issue | Plaintiff's Argument (RFI) | Defendant's Argument (Frost) | Held |
|---|---|---|---|
| Duty of Reasonable Care to Third Parties | Frost owed duty of reasonable care while pumping at RFI’s facility | No direct business relationship; only duty owed to Arp, not RFI | Duty of reasonable care applies, but analysis proceeds to standard of care |
| Breach: Pumping after Hog Finishing Facility | Industry/custom required Frost not to pump sow facility after hogs | No evidence of industry-wide ban; complied with normal cleaning protocols | No evidence of industry standard; Frost met general standard of care |
| Breach: Failure to Inform RFI About Pumping | Frost should have told RFI they came from hog facility | Customary to tell the main contractor (Arp), who relays info to client | Industry custom did not require direct notice; Frost fulfilled duty via Arp |
| Summary Judgment/Fact Issue Existence | Material facts exist regarding breach of standard of care | No material fact; no industry violation; plaintiff produced no counter-evidence | No genuine material fact; summary judgment for Frost warranted |
Key Cases Cited
- Reiber v. County of Gage, 303 Neb. 325 (applicable standard of care is a question of law; breach is question of fact)
- A.W. v. Lancaster Cty. Sch. Dist. 0001, 280 Neb. 205 (duty of reasonable care arises when conduct creates risk of physical harm)
- McGill Restoration v. Lion Place Condo. Assn., 309 Neb. 202 (summary judgment and causation standards in negligence)
- Wilbur v. Schweitzer Excavating Co., 181 Neb. 317 (custom and practice evidence establishes standard of care)
- Curran v. Buser, 271 Neb. 332 (plaintiff’s burden to prove standard of care and breach)