Robbins v. Farmers Union Grain Terminal Association

552 F.2d 788 (8th Cir. 1977)

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Nature of the Case

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Facts

Robbins (P) was a partner in a cattle feeding operation. In the fall of 1971, the operation purchased calves and started them on a feeding program which included Rum-Liq. This was a feed supplement manufactured by Farmers Union Grain Terminal Association (D) which contained a high level of urea. There was a warning posted stating that cattle coming into a feedlot should be given 10 days to adjust to the stress before starting them on a full feeding program. However, P started the feed treatment immediately, gradually increasing the dosage. Some of the cattle got sick and died. Two calves were examined in December 1971, and a high level of ammonia was found in their blood. Believing it to be the result of urea feeding, P stopped giving the cattle Rum-Liq. After the cessation, the rate of death and sickness among his cattle decreased rapidly. P sued D, claiming the failure to give sufficient warnings regarding safe use of the feed. P also claimed that D should have known that experts recommended a longer delay than 10 days before starting calves on a full feeding program. P wanted to introduce a letter of subsequent remedial warning by D to its sales personnel under strict liability to show an unreasonably dangerous product, and under a negligence theory to show the feasibility of issuing the subsequent warning earlier. D was found liable. D appealed, contesting the admission of the letter of subsequent remedial warning by the trial court.