Chapel Bank Farm, a Delaware County dairy farm, used a motorized milking and pumping system. In May of 2004, when the system ceased functioning Ronald Kane -- an employee with Thering Sales and Services, Inc. -- tried to repair it. Although he was not a licensed electrician, Kane got the system to work but, as luck would have it, a fire broke out a short time thereafter.
While no animals were injured, the barn was "extensively damaged" and in a lawsuit later filed in the Delaware County Supreme Court, Chapel alleged that Thering had failed to "properly inspect and repair" the milking system and that the independent contractor's negligence was the "proximate cause of the fire."
Thering moved to dismiss the case alleging that it had breached no duty of care. However, the Supreme Court, and the Appellate Division, Third Department, were not convinced that Thering was free of liability in this instance and both courts concluded that a formal hearing or trial was warranted.
Here's how the AD3 summarized the parties' positions:
According to defendant's expert, Gary Hauf, the fire began due to an internal motor malfunction of the milking system and, therefore, Kane's actions were unrelated. On the other hand, plaintiff's expert, Thomas Conlon, asserts, among other things, that the fire began due to electrical overheating in the wiring between the circuit breaker box and the milking system caused by imprudent and incorrect alterations to the wiring and circuit breaker box by Kane, which overly stressed the wiring resulting in overheating and eventual ignition.
Viewing the evidence, including Conlon's opinion, as well as statements prepared by plaintiff's insurance investigator and the Delaware County Department of Emergency Services, in the light most favorable to plaintiff, as the nonmoving party ..., we will not disturb Supreme Court's denial of defendant's motion for summary judgment.
Looks like we milked this one to death.
For a copy of the Apellate Division's decision, please use this link: Sutherland v. Thering Sales & Serv., Inc.