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Pig: Related Cases

Case Name Citation Summary
Barnes v. City of Anderson   642 N.E.2d 1004 (Ind.App. 2 Dist. 1994)   Virginia Barnes and Jan Swearingen appealed a trial court's decision in favor of the City of Anderson, Ind., granting a permanent injunction enjoining the women from keeping and maintaining Swearingen's pet Vietnamese pot-belly pig, Sassy, and ordering Sassy's removal from the residence. Appeals Court found for pig owner, holding that the phrase "raising or breeding" in an Anderson livestock ordinance refers to a commercial enterprise and not to the keeping of pigs as pets.    
Bormann v. Board of Supervisors In and For Kossuth County   584 N.W.2d 309 (Iowa 1998)  

The court held that a statutory immunity provision designed to protect farming operations from nuisance litigation constituted a taking under the Fifth Amendment because the right to maintain an action for nuisance at common law was considered an easement. 

 
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah   508 U.S. 520 (1993)   Local ordinance prohibiting animal sacrifices under the guise of an anti-cruelty concern was an unconstitutional infringement on church's First Amendment rights because (1) ordinances were not neutral; (2) ordinances were not of general applicability; and (3) governmental interest assertedly advanced by the ordinances did not justify the targeting of religious activity.  
Goodell v. Humboldt County   575 N.W.29 486 (Iowa 1998)  

The issue of county versus local control over livestock regulations came to a head when the Iowa Supreme Court invalidated a series of ordinances that had been enacted by the Humboldt County Board of Supervisors to add additional regulations to the livestock industry and to address problems created by confined animal feeding operations in the county. The court ruled that the ordinances were inconsistent with state law and invalid under the doctrine of implied preemption. 

 
Hohenstein v. Dodds   10 N.W.2d 236 (Minn. 1943)   This is an action against a licensed veterinarian to recover damages for his alleged negligence in the diagnosis and treatment of plaintiff's pigs.  Plaintiff alleged defendant-veterinarian negligently vaccinated his purebred pigs for cholera.  The court held that an expert witness's opinion based on conflicting evidence which he is called upon to weigh is inadmissible.  Further, an expert witness may not include the opinion of another expert witness as basis for his own opinion.   
Kuehl v. Cass County   555 N.W.2d 686 (Iowa 1996)   The issue before the Iowa Supreme Court was whether hog confinement buildings could be considered “agricultural” so as to fall within the state's agricultural zoning exemption. The court held that hog confinement buildings were within the agricultural building exemption and thus exempt from county zoning regulations.  
Mills v. Guthrie County Rural Elec. Co-op. Ass'n   454 N.W.2d 846 (1990)   Rural electric cooperative association caused fire that destroyed hog farrowing facility. Customers sued to recover damages. The Supreme Court held that: (1) punitive damages were not recoverable; (2) customers did not have claim for intentional infliction of emotional distress; but (3) evidence of lost profits from future pig litters as a measure of business interruption damages should not have been excluded.  
National Meat Ass'n v. Harris   32 S.Ct. 965 (2012)   Trade association representing packers and processors of swine livestock and pork products sued the State of California for declaratory and injunctive relief barring a ban on slaughter and inhumane handling of nonambulatory animals on federally regulated swine slaughterhouses. The Supreme Court held that the Federal Meat Inspection Act (FMIA) preempted the California Penal Code provision prohibiting the sale of meat or meat product of “nonambulatory” animals for human consumption and requiring immediate euthanization of nonambulatory animals.  
New Hampshire Ins. Co. v. Farmer Boy AG, Inc.   Not Reported in F.Supp.2d, 2000 WL 33125128 (S.D.Ind.)   Lightning struck a hog breeding facility, which disabled the ventilation system and killed pregnant sows. Plaintiff Insurance Company sued defendant for damages. The Court held that evidence of damages relating to the lost litters and subsequent generations was excluded because damages for future unborn litters are not recoverable when damages are recovered for the injury to or destruction of the pregnant sows.  
Rosche v. Wayne Feed Div. Continental Grain Co.   447 N.W.2d 94 (1989)   Pig breeder sought damages from feed manufacturer after pigs got sick, died, or became sterile after eating feed. The Court of Appeals held that jury should have been instructed that basic measure of damages for dead and injured livestock was based on market value of affected animals and did not include separate award for unborn litters.  Failure to give proper instruction was prejudicial error that required a new trial on the issue of damages.  
Ruden v. Hansen   206 N.W.2d 713 (Iowa 1973)  

Defendant, a veterinarian, sought review of the judgment of the Plymouth District Court (Iowa), in favor of plaintiff farmer in his action for negligent vaccination of pregnant gilts. The farmer cross-appealed from adverse rulings on the measure of damages. The court held that the trial court committed reversible error in admitting opinion testimony of a farmer. On the farmer's cross-appeal, the court held that the trial court erred in denying the farmer's offer of proof of his expense in feeding the gilts from the date of purchase until farrowing. The court reversed the judgment and remanded the case for a new trial.

 
Ruden v. Hansen   206 N.W.2d 713 (Iowa 1973)  

This appeal stems from an action against a defendant veterinarian for the alleged negligent vaccination of plaintiff’s pregnant hogs (gilts).  The court articulated the standard of care: "As a veterinarian defendant was duty bound to bring to his service the learning, skill and care which characterizes the profession generally. In other words, the care and diligence required was that as a careful and trustworthy veterinarian would be expected to exercise. . . We are convinced the correct standard of the veterinarian's care should be held to that exercised generally under similar circumstances."

 
Slay v. Spell   882 So.2d 254 (Miss. 2004)   A slaughterhouse owner violated a Mississippi statute by failing to provide E. coli swab samples from hog carcasses for three weeks.  The Circuit Court found in favor of the Mississippi Department of Commerce and the Court of appeals affirmed the decision.  
Smithfield Foods, Inc. v. Miller   241 F.Supp.2d 978 (S.D.Iowa,2003)  

The Court struck down an Iowa law that banned certain producers from owning or controlling livestock in Iowa based on the Dormant Commerce Clause.

 
State ex rel. Miller v. DeCoster   596 N.W.2d 898 (Iowa,1999)   State of Iowa sued the owner of a hog confinement operation for violations of manure disposal and animal control regulations.  
Test Drilling Service Co. v. Hanor Company   322 F.Supp.2d 957 (C.D. Ill. 2003)   Owner of oil and gas mineral rights sued the operators of commercial hog confinement facilities for negligence, claiming that the operator's allowed hog waste to escape the confines of the facility and flow into the mineral rights.   The District Court held that plaintiff's alleged damages were not barred by a rule prohibiting recovery of economic loss in tort actions; that defendant's alleged violations were evidence of negligence, but not negligence per se; and that defendant's owed a duty of ordinary care to plaintiff.  
Texas Attorney General Letter Opinion 94-071   Tex. Atty. Gen. Op. LO 94-071   Texas Attorney General Opinion regarding the issue of whether staged fights between penned hogs and dogs constitutes a criminal offense. The Assistant Attorney General deemed these staged fights as violating the criminal cruelty laws.  
Thompson v. Hancock County   539 N.W.2d 181 (Iowa 1995)   In this case, the Supreme court of Iowa held that hog confinement buildings were agricultural buildings and thus exempt from county zoning ordinances.  
Webber v. Patton   558 P.2d 130 (Kan. 1976)   Veterinary costs and consequential losses are also allowed in determining damages, according this Kansas case. It should be noted that the animal at issue here was a domestic pig versus a companion animal, and the award of damages was secured by a statute that allows recovery for all damages for attacks on domestic animals by dogs.  

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