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MENSINK v. AMERICAN GRAIN

No. 95-2104.

564 N.W.2d 376 (1997)

Jay MENSINK and Lynn Mensink, Appellees, v. AMERICAN GRAIN and Related Industries, A Farmer-Owned Cooperative, Cargill Elevator, Inc., A Delaware Corporation, and Agri Grain Marketing, A Partnership and/or Joint Venture, Appellants.

Supreme Court of Iowa.

Rehearing Denied June 16, 1997.

Attorney(s) appearing for the Case

David J. Dutton and Carolyn A. Rafferty of Dutton, Braun, Staack, Hellman & Iverson, P.L.C., Waterloo; Robert G. Allbee of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines; and Gary D. Ordway of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, Des Moines, for appellants.

James G. Sawtelle of Sullivan & Ward, P.C., Des Moines, and Tyrone P. Bujold and Mullen J. Dowdal of Robins, Kaplan, Miller & Ciresi, Minneapolis, Minnesota, for appellees.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN, and ANDREASEN, JJ.

LARSON, Justice.

Jay Mensink had just delivered a truckload of corn to the defendants' grain elevator when lightning struck the elevator and caused a grain dust explosion. Mensink received extensive injuries. He and his wife filed this suit, alleging several theories of recovery. The district court submitted two theories: failure of the elevator to install lightning protection devices and failure to evacuate the elevator before the explosion. The jury returned a verdict...

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