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U.S. BORAX & CHEMICAL v. ARCHER-DANIELS-MIDLAND

No. 92-841.

506 N.W.2d 456 (1993)

UNITED STATES BORAX & CHEMICAL CORPORATION, Appellee, v. ARCHER-DANIELS-MIDLAND COMPANY; ADM/Growmark River System, Inc. a/k/a ADM/Growmark a/k/a ADM Grain Company, Tabor Grain Co. a/k/a Tabor Grain & Co. a/k/a Tabor Grain, Appellants.

Court of Appeals of Iowa.

June 29, 1993.

Attorney(s) appearing for the Case

Craig D. Warner of Aspelmeier, Fisch, Power, Warner & Enberg, Burlington, for appellants.

Terry D. Loeschen and John M. Loeschen of Loeschen & Loeschen, Burlington, for appellee.

Heard by OXBERGER, C.J., and DONIELSON, J., and McCARTNEY, Senior Judge.

DONIELSON, Judge.

On April 3, 1987, a fire and explosion occurring at an elevator owned by the Archer-Daniels-Midland Company (ADM) in Burlington, Iowa, damaged approximately 600 tons of plaintiff's product, boron or "Borax," in railroad cars near the elevator. The plaintiff (U.S. Borax) subsequently sold the damaged Borax for approximately $50,000. The railroad cars were moved in January 1989.

In September 1990, U.S. Borax filed a petition alleging the negligence...

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