Dairy Farmer with Mold Toxin-Affected Herd Loses Appeal of Small Verdict Due to Expert's Lack of Due Diligence

JEFFERSON CITY, Mo. - The Missouri Supreme Court refused to grant a new trial to a dairy farmer for damages to his herd from ingestion of aflatoxin-contaminated feed, in part because one of the farmer's experts failed to produce, through lack of due diligence, evidence of potentially mycotoxin-related calf miscarriages. Glen L. Hancock, Appellant, v. William and Ruth Shook, d/b/a Barnes Feed Store, Respondents, No. SC84509 (Mo. Sup. Ct.).

According to the March 18 opinion, the veterinarian expert failed to produce during discovery the evidence regarding exact dates of the miscarriages, and therefore that information does not constitute newly discovered …