• 
• CLASS
• JOBS
• AUTO
• HOMES

Farmers file suit over stray voltage

EVANSVILLE — A farmer wants $750,000 from the city of Evansville, claiming stray voltage caused problems with his dairy herd on a farm east of the city.

City Administrator Dan Wietecha said the city received a notice of claim Tuesday from farmers John and Sherry Crull.

The Crulls, 12000 W. Highway 14, in July filed suit in Rock County Court against Evansville Water and Light, Francis Electric of Janesville and their insurers. The suit still is pending.

The city denies allegations in the lawsuit and says the lawsuit was filed beyond the statute of limitations. Wietecha said the Crulls also failed to file a notice of claim before filing the suit.

A Francis Electric spokesman declined to comment because the case is pending.

The suit states:

A 2003 investigation on the Crull farm showed that under certain conditions stray voltage exceeded the level of concern set by the state Public Service Commission. As a result, Evansville Water and Light in August 2003 installed equipment intended to reduce the chance of stray voltage coming from sources off the farm.

That fall, the Crulls hired Francis Electric for electrical repair and installation service, and the work was completed in early 2004.

"The Crulls continued to experience problems with their dairy herd including sickness, lack of production, excessive veterinarian expenses, higher cull rates and lower reproduction rates," the suit says.

The Crulls said they relied on Francis Electric to perform the services and look to other potential causes of their dairy herd problems from about March 2004 until October 2006.

In early October 2006, the Crulls discovered stray voltage in cow contact areas and other places on their farm, and "that the services provided by Francis Electric had in fact not been performed as claimed."

The suit alleges Francis Electric was negligent in their work resulting in decreased milk production and injury and damage to the dairy herd.

The suit alleges Evansville Water and Light was negligent in:

-- Its handling of electrical power and distribution systems.

-- The construction and maintenance of defective and inadequate power distribution systems, equipment and components.

-- Failing to adequately warn the Crulls and others of the existence, causes, symptoms and dangers of problematic stray electricity and earth currents.

-- Failing to adequately test, inspect and maintain its systems with respect to their creation and maintenance of stray electricity and earth currents.

-- Allowing problematic stray electricity and earth currents to access the Crulls' dairy herd.

The lawsuit claims the city's utility failed to take action, "when the defendant knew or reasonably should have known the system was in need of replacement."