`FOR THE NORTHERN DISTRICT OF IOWA
`WESTERN DIVISION
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`NATIONWIDE AGRIBUSINESS
`INSURANCE COMPANY, as subrogee of
`Michael Sly
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` Plaintiff,
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`vs.
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`AGCO Corporation,
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` Defendant.
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`Court File:
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`COMPLAINT
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`JURY TRIAL DEMANDED
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`Plaintiff Nationwide Agribusiness Insurance Company a/s/o Michael Sly, by and through
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`its counsel, Yost & Baill, LLP, for its Complaint against Defendant AGCO Corporation, states:
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`JURISDICTION
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`1. The court has subject matter jurisdiction over this case pursuant to 28 U.S.C. § 1332. The
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`plaintiff and the defendant 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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`2. Venue is proper in the Northern District of Iowa pursuant to 28 U.S.C. § 1391(b)(2) in
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`that a substantial part of the events or omissions giving rise to the claim occurred in this
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`district and that a substantial part of property that is the subject of the action is situated in
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`this district.
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`PARTIES
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`3. At all times material herein, Plaintiff Nationwide Agribusiness Insurance Company
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`(“Nationwide”), was an Iowa corporation with its principal place of business located at
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`1100 Locust Street, Des Moines, IA 50391, and is duly licensed by the State of Iowa to
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`sell insurance and conduct business in Iowa.
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`Case 5:21-cv-04005-CJW-KEM Document 1 Filed 01/29/21 Page 1 of 4
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`4. At all times material herein, Plaintiff issued a policy of insurance to Michael Sly (“Sly”),
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`an Iowa resident, which provided amongst other items, coverage for damage to the 2017
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`Fendt 933VS4 Tractor; Serial: 95222T00F05033 (“the Subject Tractor”), leased by Sly.
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`5. Upon information and belief, at all times material herein, Defendant AGCO Corporation
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`(“AGCO”) was a Delaware corporation authorized to conduct business in Iowa with its
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`home office located at 4205 River Green Parkway, Duluth, GA 30096. Defendant may be
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`served with process by serving its registered agent as follows: Corporation Service
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`Company, 505 5th Avenue, Suite 729, Des Moines, IA 50309.
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`FACTS
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`6. Upon information and belief, Defendant AGCO was and/or is the manufacturer of the
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`Subject Tractor.
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`7. On or about December 13, 2018, the Subject Tractor, while being properly operated in a
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`field near Correctionville, Iowa, started on fire.
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`8. As a result of the fire, the Subject Tractor and other personal property of Sly were
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`destroyed.
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`9. Pursuant to the terms and conditions of the insurance policy referenced in Paragraph 4 of
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`this Complaint, Nationwide was obligated to and did, in fact, pay an amount in excess of
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`$75,000.00 to or on behalf of Sly for damages incurred as a result of the fire.
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`10. Pursuant to the terms and conditions of the insurance policy identified in Paragraph 4 of
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`this Complaint, and by virtue of its payments to Sly for damages incurred as a result of
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`the fire, Nationwide is subrogated to all rights, claims, and causes of action Sly may have
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`against AGCO in connection with the fire.
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`Case 5:21-cv-04005-CJW-KEM Document 1 Filed 01/29/21 Page 2 of 4
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`COUNT ONE – NEGLIGENCE
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`11. Plaintiff realleges Paragraphs 1 through 10, as though fully set forth herein.
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`12. AGCO negligently manufactured, designed, constructed, assembled, packaged, and/or
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`distributed the Subject Tractor.
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`13. The negligence of AGCO was a proximate cause of the fire and the damages sustained by
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`Plaintiff.
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`COUNT TWO – BREACH OF WARRANTY
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`14. Plaintiff realleges Paragraphs 1 through 13, as though fully set forth herein.
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`15. AGCO expressly or impliedly warranted the fitness and merchantability of the Subject
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`Tractor described herein.
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`16. AGCO breached the mentioned express or implied warranties of fitness and
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` merchantability.
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`17. The breaches of warranties were a direct and proximate cause of the fire and resultant
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`damages to Plaintiff as described above.
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`COUNT THREE – STRICT LIABILITY
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`18. Plaintiff realleges Paragraphs 1 through 17, as though fully set forth herein.
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`19. The Subject Tractor was defective and that as a direct and proximate result of said defect,
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`Plaintiff suffered the damages described hereinabove.
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`20. AGCO is strictly liable for the damages sustained by Plaintiff as described herein.
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`COUNT FOUR –FAILURE TO WARN
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`21. Plaintiff realleges Paragraphs 1 through 20, as though fully set forth herein.
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`22. AGCO negligently failed to provide Sly with reasonable warnings of defects and hazards
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`which it knew or should have known were present in the Subject Tractor described
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`Case 5:21-cv-04005-CJW-KEM Document 1 Filed 01/29/21 Page 3 of 4
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`herein, which negligence was a direct and proximate cause of the fire described
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`hereinabove.
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`DEMAND FOR JURY TRIAL
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`23. Plaintiff demands a trial by jury of any and all issues in this action so triable of right.
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`Dated this 29th day of January, 2021
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`/s/ David J. Taylor
`By
`David J. Taylor – AT0009168
`Michelle D. Hurley – AT0012209
`YOST & BAILL, LLP
`2050 U.S. Bank Plaza South
`220 South Sixth Street
`Minneapolis, MN 55402
`612.338.6000 - telephone
`612.344.1689 - facsimile
`dtaylor@yostbaill.com – email
`mhurley@yostbaill.com – email
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`ATTORNEYS FOR PLAINTIFF
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`Case 5:21-cv-04005-CJW-KEM Document 1 Filed 01/29/21 Page 4 of 4
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