JORGENSEN FARMS, INC. v. COUNTRY PRIDE CORP.

Nos. 26154, 26161.

824 N.W.2d 410 (2012)

2012 S.D. 78

JORGENSEN FARMS, INC., d/b/a Jorgensen Land & Cattle Partnership, Plaintiff, v. COUNTRY PRIDE COOPERATIVE, INC., a South Dakota Corporation, Defendant, Third-Party Plaintiff and Appellant, v. Agriliance, LLC; Dakota Gasification Company, and Agrium U.S. Inc., Third-Party Defendants and Appellees, and Charles Baker Trucking Company, and Spaans Trucking, Inc., Third-Party Defendants.

Supreme Court of South Dakota.

Decided November 20, 2012.


Attorney(s) appearing for the Case

Amy Amundson , Thomas D. Jensen of Lind, Jensen, Sullivan & Peterson, PA, Minneapolis, Minnesota, Attorneys for defendant, third-party plaintiff and appellant.

Margo D. Northrup of Riter, Rogers, Wattier & Brown, LLP, Pierre, South Dakota and Emily Murphy , Stillwater, Minnesota, Attorneys for third-party defendant and appellee Agriliance N.O.R. #26161.

Paul E. Bachand of Schmidt, Schroyer, Moreno, Lee & Bachand, PC, Pierre, South Dakota, Todd Langel of Faegre & Benson, LLP, Des Moines, Iowa and Kristin R. Eads of Faegre & Benson, LLP, Minneapolis, Minnesota, Attorneys for third-party defendant and appellee Agrium.

Steven J. Oberg of Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, South Dakota Attorneys for third-party defendant and appellee Dakota Gasification.


WILBUR, Justice.

[¶ 1.] Jorgensen Farms (Jorgensen) sued Country Pride Cooperative (Country Pride) alleging that Country Pride sold Jorgensen fertilizer contaminated with rye damaging its 2007 wheat crop. Country Pride settled with Jorgensen but preserved its claims against third-party defendants Agriliance, Agrium, and Dakota Gasification Co. (Dakota Gas). The trial court granted the third-party defendants' motions for summary judgment. We affirm.

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