211 Duke Energy Field Serv., L.P., v. Meyer

Richard F. Brown

 
The following is not a legal opinion. You should consult your attorney if the case may be of significance to you.
 
Duke Energy Field Serv., L.P. v. Meyer, 190 S.W.3d 149 (Tex. App.—Amarillo 2006, pet. denied), reverses a jury verdict for damages to cattle caused by a pipeline leak. The pipeline easement provided that the pipeline company would “pay [landowner] for any other or additional damages to growing crops, grass, fences, improvements and livestock which may result of the exercise of the rights” granted in the easement.
 
Meyer, who had forty-five cows on the land, went to his pasture where he saw his cows standing in a black-green oily product. He saw them licking and rubbing their noses in the oily product. One cow aborted the next day, and, over a period of time, thirty cows aborted or had dead calves. The next year seventeen of the thirty-nine remaining cows were barren or had calves that died.
 
The court found the evidence was legally sufficient to support the finding of causation, even though Duke argued expert testimony was necessary to establish causation, because Duke failed to object to the testimony. However, the court found the evidence to be factually insufficient to support the finding of causation, because several other conditions or events could have caused the cows to abort, and there was no evidence to show that one was more probable than the other. The case highlights the proof necessary in a case involving oil spills and injury to livestock.