Van Essen v. Farmers Cooperative Exchange

TERNUS, Justice.

The appellant, Larry Van Essen, suffered a severe injury to his leg when his foot was caught in an exposed auger located in a grain bin owned by the appellee, McCormick Enterprises Company [hereinafter “McCormick”], and leased to the defendant, Farmers Cooperative Exchange [hereinafter “the Coop”]. The district court granted McCormick’s motion for summary judgment, concluding that McCormick owed no duty to Van Essen. We agree and so affirm.

I. Und/isputed Facts.

Prior to 1991, McCormick operated a grain storage business on the premises in question. In 1986, it had contracted…