Jacob A. Denger v. Thomas N. Lincoln and Maquoketa Regional Stockyards, LLC




Case Name:	Jacob A. Denger v. Thomas N. Lincoln and Maquoketa Regional Stockyards, LLC
Case Number:	LACV028149
Date of Trial:	05/07/2018	Venue:	Jackson County

Casetype/Claims:

Judge:

Plaintiff's Counsel:	Steven J. Kahler	Defendant's Counsel:	Thomas N. Lincoln

Verdict:	Plaintiff's verdict: Damages - $54,105.05; Punitive - $40,700

Demand Before Trial:
Offer Before Trial:

Statement of Case: Jacob Denger is the owner and operator of a feeder cattle operation in Jackson County, Iowa. Maquoketa Regional Stockyards, LLC, is the owner and operator of stockyard facilities located at 610 N. Matteson Street, Maquoketa, Iowa. Thomas N. Lincoln is a part owner of Maquoketa Regional Stockyards, LLC. Lincoln is an agent of Maquoketa Regional Stockyards, LLC. Lincoln is the manager of the stockyard facilities owned and operated by Maquoketa Regional Stockyards, LLC. On or about November 23, 2015, Lincoln contacted Denger and informed him that Maquoketa Regional Stockyards, LLC had received 20 steers weighing between 650 lbs and 700 lbs on November 22, 2015. Denger told Lincoln that he needed 20 to 30 head of cattle in the range of 650 lbs to 700 lbs to fill a pen of cattle Denger already had stated that were healthy and eating well. Denger further advised Lincoln he wanted cattle that had already received two rounds of vaccinations, were long-time weaned, and were from a single source. Denger specifically stated to Lincoln that he did not want "high risk cattle". Lincoln represented to Denger that these 20 steers were not high risk cattle; that these 20 steers were from a single producer in Illinois; that these 20 steers had received two rounds of vaccinations; and that these 20 steers were long time weaned. Based upon Lincoln's representations Denger agreed to purchase these 20 steers, which were from a single source in Illinois, had received two rounds of vaccinations, and were long time weaned, from Maquoketa Regional Stockyards for the purchase price of$20,777.05. These 20 steers were delivered to Denger's feeder cattle operation and were placed in a pen with healthy steers Denger previously purchased from other sources. One of these steers died November 27, 2015. In a short period of time 16 steers from these 20 steers Denger purchased :from Maquoketa Regional Stockyards were dead. Necropsies performed on carcasses established these steers suffered from chronic bovine respiratory disease and bovine viral diarrhea. Denger lost an additional 21 head of cattle from the pen into which these 20 steers purchased from Maquoketa Regional Stockyard were introduced, all of which died as the result of chronic bovine respiratory disease and bovine viral diarrhea. As the result of the death of these 37 steers Denger has sustained monetary losses in the amount of$54,106.12. It subsequently became known that these 20 steers were high risk cattle. At the time of sale these 20 steers were assembled livestock from two or more sources within 30 days prior to the sale and were not from a single source in Illinois. At the time of sale these 20 steers had not received two rounds of vaccinations. At the time of sale these 20 steers were not long time weaned. Jacob Denger has filed this lawsuit against Thomas N. Lincoln and Maquoketa Regional Stockyards, LLC, asserting claims for breach of contract, breach of express warranty, breach of the implied warranty of fitness for a particular purpose, fraudulent misrepresentation, punitive damages, and negligent misrepresentation. Lincoln and Maquoketa Regional Stockyards, LLC have denied these claims.

Injuries alleged:

Official Jury Verdict Form:


Documents of interest: (when available)

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