Case 1:21-cv-00059-REB Document 1 Filed 02/04/21 Page 1 of 4
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`Tyler H. Neill, ISB No. 7754
`CASEY LEGAL GROUP PLLC
`531 S. Fitness Place, Ste. 105
`Eagle, Idaho 83616
`Telephone: (208) 514-4543
`Facsimile: (208) 247-3100
`CLG@CaseyLegalGroup.com
`
`Attorneys for Plaintiffs
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF IDAHO
`
`
`Case No.
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`COMPLAINT AND DEMAND
`FOR JURY TRIAL
`
`DRISCOLL POTATOES, INC. d/b/a
`Driscoll Farms, an Idaho Corporation, and
`NATIONWIDE AGRIBUSINESS
`INSURANCE COMPANY, an Iowa
`Corporation,
`
`
`
`v.
`
`GREAT LAKES WESTERN, INC., a
`Wisconsin Corporation,
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`
`
`
`
`
`
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`Plaintiffs,
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`Defendant.
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`Plaintiffs Driscoll Potatoes, Inc. d/b/a Driscoll Farms and Nationwide Agribusiness
`
`Insurance Company, by and through their counsel, complain against the Defendant Great Lakes
`
`Western, Inc. as follows:
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`PARTIES AND JURISDICTION
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`1.
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`At all times material herein, Plaintiff Driscoll Potatoes, Inc. d/b/a Driscoll Farms
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`(“Driscoll”) was a potato processing plant located at 120 Adams Street, American Falls, Idaho.
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`COMPLAINT AND DEMAND FOR JURY TRIAL - 1
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`
`
`Tyler H. Neill, ISB No. 7754
`CASEY LEGAL GROUP PLLC
`531 S. Fitness Place, Ste. 105
`Eagle, Idaho 83616
`Telephone: (208) 514-4543
`Facsimile: (208) 247-3100
`CLG@CaseyLegalGroup.com
`
`Attorneys for Plaintiffs
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF IDAHO
`
`
`Case No.
`
`COMPLAINT AND DEMAND
`FOR JURY TRIAL
`
`DRISCOLL POTATOES, INC. d/b/a
`Driscoll Farms, an Idaho Corporation, and
`NATIONWIDE AGRIBUSINESS
`INSURANCE COMPANY, an Iowa
`Corporation,
`
`
`
`v.
`
`GREAT LAKES WESTERN, INC., a
`Wisconsin Corporation,
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`Defendant.
`
`
`Plaintiffs Driscoll Potatoes, Inc. d/b/a Driscoll Farms and Nationwide Agribusiness
`
`Insurance Company, by and through their counsel, complain against the Defendant Great Lakes
`
`Western, Inc. as follows:
`
`PARTIES AND JURISDICTION
`
`1.
`
`At all times material herein, Plaintiff Driscoll Potatoes, Inc. d/b/a Driscoll Farms
`
`(“Driscoll”) was a potato processing plant located at 120 Adams Street, American Falls, Idaho.
`
`COMPLAINT AND DEMAND FOR JURY TRIAL - 1
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`
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`Case 1:21-cv-00059-REB Document 1 Filed 02/04/21 Page 2 of 4
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`2.
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`At all times material herein, Plaintiff, Nationwide Agribusiness Insurance Company,
`
`(“Nationwide”), was an Iowa corporation with a principal place of business in Des Moines,
`
`Iowa, and is duly licensed by the state of Idaho to sell insurance and conduct business in the state
`
`of Idaho.
`
`3.
`
`At all times material herein, Driscoll had in effect a policy of insurance with Nationwide
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`which, among other things, provided coverage for accidental damage to structures and business
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`personal property owned by Driscoll and loss of business income.
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`4.
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`At all times material herein, Defendant Great Lakes Western, Inc. (“Great Lakes”) was a
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`Wisconsin corporation with its principal place of business located at N 2182 Highway G, Merrill,
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`Wisconsin, with a registered agent of Delmer Polak at the same address, according to the
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`Secretary of State of Wisconsin.
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`5.
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`The court has subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1332. The
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`plaintiff and the defendants are citizens of two different states, are diverse parties, and the
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`amount in controversy exceeds $75,000.00.
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`6.
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`Venue is proper in the District of Idaho pursuant to 28 U.S.C. § 1391(b)(2) in that a
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`substantial part of the events or omissions giving rise to the claim occurred in this district and
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`that the property that is the subject of the action is situated in this district.
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`FACTS
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`7.
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`On or about May 16, 2019, a Great Lakes 2018 Freightliner semi tractor and refrigerated
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`trailer operated by Jeff Abt arrived at the Driscoll Farms warehouse to receive a load of potato
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`product for transport.
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`8.
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`Mr. Abt backed the trailer into Driscoll’s loading dock number 4, started the refrigeration
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`unit to prepare it for the potatoes, and went into the Driscoll building.
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`COMPLAINT AND DEMAND FOR JURY TRIAL - 2
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`Case 1:21-cv-00059-REB Document 1 Filed 02/04/21 Page 3 of 4
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`9.
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`10.
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`11.
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`A few minutes later, a fire was discovered at the Great Lakes refrigeration unit.
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`The Great Lakes semi tractor and refrigerated trailer were severely damaged by fire.
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`The Driscoll Farms building and parking lot suffered significant fire damage, and a
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`significant amount of Driscoll’s potato stock and packaging materials were damaged by smoke
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`as a result of the fire.
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`12.
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`Subsequent investigation revealed that the fire was caused by a catastrophic failure of a
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`flexible reinforced rubber fuel line in the diesel engine compartment of the refrigeration unit,
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`which resulted in ignition of gas vapors by the hot engine.
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`13.
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`As a result of the May 16, 2019 fire and pursuant to the terms and conditions of the
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`insurance policy referenced in paragraph 3, Nationwide was obligated to and did, in fact, pay the
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`costs to mitigate and damages suffered, which totaled $510,446.91, and upon payment, became
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`subrogated to the rights and interests of its insured to the extent of those payments, including the
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`rights and interests asserted in this cause of action.
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`14.
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`In addition to the damages covered by their insurance policy with Nationwide,
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`Driscoll also suffered uninsured losses in the amount of $8,689.00 that it asserts in this cause of
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`action.
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`NEGLIGENCE
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`15.
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`Plaintiffs reallege and incorporate the preceding paragraphs as though set forth fully
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`herein.
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`16.
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`Defendant had a duty to inspect and maintain its refrigerated trailer, including the regular,
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`routine inspection and maintenance of the flexible reinforced rubber fuel lines in the diesel
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`engine compartment, which have a known tendency to deteriorate and crack in the high heat
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`COMPLAINT AND DEMAND FOR JURY TRIAL - 3
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`Case 1:21-cv-00059-REB Document 1 Filed 02/04/21 Page 4 of 4
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`conditions of an engine compartment, to avoid catastrophic failures of said equipment and the
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`risk of harm to others, or to Driscoll’s property.
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`17.
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`The fire that damaged Driscoll’s potato processing plant was caused by and resulted from
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`the negligent and/or careless acts and/or omissions of Defendant, namely by failing to inspect
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`and maintain the components in its refrigeration trailer, including the fuel lines.
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`18.
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`As a direct and proximate result of the aforementioned actions and/or omissions of
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`Defendant, Plaintiffs Driscoll and Nationwide suffered the damages described herein.
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`DEMAND FOR JURY TRIAL
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`Plaintiffs demand a trial by jury on all issues.
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`WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:
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`1.
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`For money damages for Plaintiffs from Defendants, in an amount to be proven at
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`trial in excess of $75,000.00, plus pre-judgment and post-judgment interest;
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`2.
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`For Plaintiffs’ reasonable attorney fees and costs necessitated in this action
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`pursuant to Idaho Code §§ 12-120 and 12-121, Federal Rules of Civil Procedure 54(d), 15 U.S.
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`Code § 2310 (d)(2), and all other applicable state and federal law; and
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`3.
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`For such other and further relief as the Court deems just and equitable in the
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`circumstances.
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` DATED this 4th day of February, 2021.
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`CASEY LEGAL GROUP, LLC
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`By: /s/ Tyler H. Neill
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`Tyler H. Neill
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`Attorneys for Plaintiffs
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`COMPLAINT AND DEMAND FOR JURY TRIAL - 4
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