Jury mulls suit against energy co-op

published online: 10/23/2012

'); }// end if A Des Moines County jury deliberated for three hours Monday without determining whether an area energy co-operative's electrical distribution system caused in excess of $8 million in damages to a New London dairy.

The jury will resume deliberations at 9 a.m. today in the lawsuit brought by Dalarna Farms against Access Energy Cooperative, saying the company's electrical distribution system led to "low milk production and a high death rate" in the farm's dairy herd.

The three-week jury trial before District Judge Mary Ann Brown ended Friday following testimony from 22 witnesses, including more than 15 expert witnesses and 335 exhibits.

"This case is a big deal to both the dairy industry and the energy industry," Scott Lawrence, the attorney representing Dalarna's California owners told the jury in closing arguments. "This type of case is aimed at altering public policy on how energy companies respond to the issue of electricity distribution."

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However, Stuart Mondschein, the co-op's attorney, told the jury there are more plausible reasons why the animals became distressed or died, including bad nutrition, infectious diseases, environmental issues, the farm's financial problems and the dairy operator's inexperience in running a Midwest dairy farm.

"Access Energy did not cause any of these problems," he told the jury during a three-hour summation by opposing attorneys. "This case is about the business of how milk is made in a factory-style setting. ... This is also a case about human nature."

Testimony during the trial indicated hundreds of lawsuits have been filed across the United States since the mid-1980s related to stray voltage's impact on dairy farms.

Experts testified "stray voltage" occurs when a farm animal makes contact with metal equipment electrified by minimal currents in the ground.

Both Lawrence and Mondschein, who have been opposite each other in cases similar to this across the Midwest, cautioned the jury not to be overwhelmed by the scientific evidence presented.

"How do you decide a case like this after three weeks of highly technical testimony?" Mondschein asked the jury. "You look for the credibility of the witnesses. Who has an interest in the outcome? What is their bias?"

Lawrence agreed the case has been technical, but said it comes down to the jury using its ability to determine what is right from wrong.

"Yes, we have had complex expert testimony but ultimately justice comes from the community, not from the experts," he said.

Dalarna claimed "stray voltage" from the distribution system supplying the energy to the dairy operation mildly shocked the herd through milking machines and tanks used to feed and water the herd.

Lawrence said when Dalarna's owners approached the cooperative about changing the way energy was being supplied to the dairy, Access scoffed at the request.

"Access Energy's response was that there was not a problem with its (electrical) current system," Lawrence said. "Access Energy said 'we do not agree we are the cause' to any harm to your farm. I submit there was a lot of harm here. Putting a dairy farm out of business is a big deal."

However, Mondschein said Access Energy's system is accepted nationwide.

"The multiple grounded system Access Energy uses is overwhelmingly accepted across the United States," he said. "It is a very safe system."

Mondschein told the jury what actually happened to Dalarna was a combination of problems, including the fact Steven Carlson, a California veterinarian hired to run the dairy, did not understand the differences in operating a dairies in California and Iowa.

Mondschein cited environmental differences, including the climate. He said when Carlson began to experience major problems in the herd, he looked to the "stray voltage" as the only reason.

"People will see what they want to see," he said. "Dr. Carlson had no experience in dairying in the Midwest. He was from California. He had never done what he was being asked to do here.

"He got an idea in his mind that 'stray voltage' was causing the problem and he never let go of that. ... There is no accurate data to prove their case. ... To measure 'stray voltage' you've got to use the right equipment in the right way."

However, Lawrence said evidence presented did not indicate it was Carlson's skills or other issues raised by the defense. Instead, he said it was the co-operative's decision to do nothing to change the electrical system specifically causing problems at the New London dairy.

He said Access Energy did not want to address the issue of "stray voltage" at Dalarna because energy companies want a uniform distribution system across the nation for economic reasons.

"Access Energy's approach was unfortunately typical of this industry," he told the jury. "You need to make companies (like Access Energy) stand up and take responsibility."

Mondschein told the jury the best way it could do that was to find Access Energy did nothing wrong.

"I think the best thing you can do is send everybody out of this courtroom the way they came in," he said, indicating they should find Access Energy was not responsible for any damages that occurred at the dairy. "That is your responsibility."

Source: http://www.thehawkeye.com/story/Dalarna-102312

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