STRAY VOLTAGE CASE ATTORNEY EXPECTS TRIAL IN 2009
Friday, December 7th, 2007 -- 1:48 PM
An attorney for a couple area farmers that won a big Supreme Court case Thursday expects the suit will go to a jury in 2009.Ralph and Karline Schmidt of rural Neillsville and August Heeg of the Unity area sued Northern States Power, now Xcel Energy, in 2001.
They claim stray voltage caused high mortality rates and poor milk production in their dairy herds.
Clark County Judge Jon Counsell threw out the Schmidt's case in 2005, siding with the power company, who asserted the statute of limitations had expired.
An appeals court overturned Counsell's decision and the Supreme Court affirmed the ruling Thursday.
Xcel Energy claims the farmers discovered the source of their problem in 1993, but didn't bring the suit until 2001.
The Supreme Court ruled otherwise, in essence saying the farmers may have suspected stray voltage was causing damage to their herds, but couldn't be sure.
The case will now be sent back to Clark County Circuit Court where Attorney Andrea Niesen of Rochester, Minn., says she'll seek to have a new judge seated. She expects it will be tried in 2009.
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