Bernsen v. Big Bend Electric Cooperative, Inc.

The trial court awarded a judgment of $49,085.50 principal plus $607.44 costs to Michael J. Bemsen for damages sustained when Big Bend Electric Cooperative, Inc. (Big Bend) conditioned delivery of electrical service on payment of accounts for which he was not liable.

Michael Bemsen appeals his damage award, contending the trial court erred in reducing damages for failure to mitigate. Big Bend cross-appeals, contending its actions were not illegal and, even if they were, the damage award exceeded the proof át trial. We reverse and remand.

In late 1988, Michael Bemsen purchased farm property in…