Mensink v. American Grain

LARSON, Justice.

Jay Mensink had just delivered a truckload of corn to the defendants’ grain elevator when lightning struck the elevator and caused a grain dust explosion. Mensink received extensive injuries. He and his wife filed this suit, alleging several theories of recovery. The district court submitted two theories: failure of the elevator to install lightning protection devices and failure to evacuate the elevator before the explosion. The jury returned a verdict for the plaintiffs without specifying’ the theory under which damages were allowed. Because we conclude that it was error to…