Heyl Royster



Flodstrom Wins Subrogation Trial in DeWitt Co.


John Flodstrom recently represented Corn Belt Energy at a jury trial in DeWitt County in a subrogation claim to recover workers compensation benefits paid to a Corn Belt employee. The case was related to an injury sustained by a Corn Belt lineman, who had been working on a utility pole project on a country road. While the lineman was standing at a safe location along the road, he was passed by a tractor towing an auger wagon. The defendant, a local farmer, was following in a truck that was towing a large farm implement known as a Crumbler, which was wider than the road. The defendant stopped his truck and summoned the lineman to the side of the road to speak with him. As they were talking, the lineman observed the auger wagon come loose from the tractor and careen into the ditch ahead. The lineman testified that when the farmer pulled forward in the truck, he was struck by the Crumbler. The parties stipulated to the amount of the damages and the only issue decided by the jury was the allocation of fault. The jury returned a verdict finding the defendant farmer 80% at fault for the accident.