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This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • Dan Loper, doing business as Rio Leche Dairy, hired JMAR, a contractor, to design and build a fully operational dairy. JMAR subcontracted the electrical work to Kyle Snider, operating as Snider Electric. After the dairy's completion, Loper observed reduced milk production from his dairy cattle. Upon eliminating other potential causes for the low milk production, Loper hired Precision Electric to conduct an electrical survey, which identified and corrected wiring defects. Loper's expert, LaVerne Stetson, opined that these defects caused stray voltage that adversely affected the milk production (paras 2-3).

Procedural History

  • District Court of Curry County: Granted summary judgment to JMAR based on the doctrine of circuity of actions and ruled that the opinions of Plaintiff’s expert on causation were inadmissible (para 1).

Parties' Submissions

  • Plaintiff: Argued that JMAR's negligence in construction and design, and Snider Electric's failure to properly install the electrical system, resulted in losses in milk production. Also brought breach of contract claims against JMAR for failing to supply contracted improvements (para 3).
  • Defendant (JMAR): Filed a motion for summary judgment asserting that Plaintiff’s agreement to indemnify Snider Electric created a circular chain of indemnification, barring Plaintiff’s claims under the doctrine of circuity. Also contended that Plaintiff’s expert's opinions lacked evidentiary support and were inadmissible, thus failing to prove causation (paras 5-6).

Legal Issues

  • Whether the district court erred in granting summary judgment to JMAR on all claims related to electrical issues at Rio Leche Dairy based on the doctrine of circuity (para 8).
  • Whether the district court erred in granting summary judgment due to its exclusion of the opinion of Mr. Stetson, Plaintiff’s expert (para 8).

Disposition

  • The orders granting summary judgment to JMAR were reversed, and the case was remanded for further proceedings (para 44).

Reasons

  • The Court of Appeals, with Judge Michael E. Vigil authoring the opinion, concluded that the district court erred in granting summary judgment on both grounds. The court found that the doctrine of circuity did not bar Plaintiff’s claims at this stage because the causes of action were based on JMAR's direct negligence, not solely on Snider Electric's actions. Additionally, the court determined that Plaintiff’s expert, Mr. Stetson, was qualified and his testimony was relevant and reliable based on his extensive experience and knowledge in the field of agricultural engineering and stray voltage. The court emphasized that the absence of measurable stray voltage meeting a specific threshold did not render Mr. Stetson's opinions inadmissible but rather went to the weight of his testimony (paras 12-43).
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