Archer-Daniels-Midland Company v. Beadles Enterprises, Inc.
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ARCHERDANIELSMIDLAND COMPANY v. BEADLES
ENTERPRISES, INC.
051192
___ S.W.3d ___
Supreme Court of Arkansas
Opinion delivered June 29, 2006
1.
JUDGMENT – FINDINGS BY THE CIRCUIT COURT – CIRCUIT COURT DID NOT CLEARLY ERR.
– After reviewing the evidence, the supreme court did not agree with the appellant’s
contention that there was no evidence that any of appellee’s hogs contracted
salmonella group B from a receiving center from hogs which were temporarily stored
due to alleged contamination from appellant’s feed; it was clear that the circuit court
found credible Dr. Robert Conner, Jr.’s testimony concerning what he believed was
the cause of the increased death loss at appellee’s facility and, given the due
deference to a trial judge’s determination of credibility, the supreme court could not
say that the circuit court clearly erred in finding that the increase in the annual death
loss in appellee’s hog herd from 1997 through 2001 was caused by salmonella group
B and other diseases that were introduced by the rejected hogs.
2.
JUDGMENT – ALLEGED LACK OF EVIDENCE – REASON FOR REJECTION WAS IMMATERIAL.
– The supreme court did not need to determine whether the circuit court abused its
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discretion in admitting evidence concerning the reason the purchasertobe of
appellee’s hogs rejected the shipment because the reason for rejection was not
essential to appellee’s claim; appellee claimed that had it known that appellant’s
soybean meal was allegedly contaminated with dioxin, it either would not have
shipped the hogs, or it would have tested the shipment prior to sending it out and,
thus, it was immaterial why the purchasertobe rejected the shipment.
3.
DAMAGES – FOUNDATION FOR DAMAGES – CIRCUIT COURT’S FINDINGS NOT CLEARLY
ERRONEOUS. – While appellant argued that there was an inadequate foundation for
appellee’s evidence of damages, the supreme court could not say that the circuit
court’s findings were clearly erroneous, where the circuit court concluded: (1) that
the increase in the annual death loss in appellee’s hog herd from 1997 through 2001
was the result of diseases transmitted from the hogs that were returned infecting other
hogs in the facility and infecting the facility itself; (2) that it was not necessary that
appellee establish with absolute certainty as to exclude every other reasonable
conclusion that damages appellee suffered were a result of the shipment of hogs
returned to appellee, causing an outbreak of salmonella and other diseases in the hog
herd; and (3) that it was sufficient that appellee established by substantial evidence
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that the increased death loss in its hog herd was the result of salmonella and other
disease being spread by the returned shipment of hogs to the other hogs in the barns.
4.
EVIDENCE – CUMULATIVE EFFECT OF EVIDENCE – NO NEED TO DETERMINE WHETHER
CIRCUIT COURT ABUSED ITS DISCRETION. – While appellant argued that Exhibit BB,
the list of purchasers of the allegedly contaminated feed, was inadmissible hearsay
and, further, that even if the list was admissible, it would not prove that the purchaser
tobe of the hogs based its rejection of the appellee’s hogs on appellee’s inclusion on
the list, the supreme court held that it need not determine whether the circuit court
abused its discretion in admitting evidence to prove why the purchasertobe rejected
the shipment because the reason for the rejection was not essential to appellee’s
claim.
5.
JUDGMENT – FINDINGS BY THE CIRCUIT COURT – ARGUMENT WAS WITHOUT MERIT. –
While appellant argued that the circuit court erroneously found that the cause of death
for the hogs that were necropsied from the new barn was salmonella group B, a cause
of death not present on the farm prior to the return of the rejected hogs, its argument
was without merit; while the necropsy reports did not specifically use the term “cause
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of death,” they did use the term “diagnosis,” and Dr. Conner testified that “diagnosis”
referred to cause of death.
6.
EVIDENCE – ADMISSIBILITY – EVIDENCE WAS ADMISSIBLE. – Appellant argued that the
circuit court abused its discretion in admitting into evidence, over appellant’s
objection, interrogatory responses and documents produced by appellant in response
to appellee’s requests for production of documents; the supreme court disagreed,
observing that answers to interrogatories may qualify as admissions by a party
opponent which are not hearsay, as defined, and therefore may constitute substantive
evidence and be admissible in a party’s caseinchief.
7.
EVIDENCE HEARSAY – LETTER WAS ADMISSIBLE. – The circuit court did not abuse its
discretion in admitting a letter, which was a statement and warning sent out by the
FDA under its duty to protect the public from consuming adulterated food and which
instructed feed mill operators who had received contaminated soybean meal to
discontinue use of the soybean meal and to hold any remaining soybean meal and
feed made from that soybean meal, as it was admissible pursuant to Ark. R. Evid.
803(8).
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Appeal from Monroe Circuit Court; Harvey Lee Yates, Judge; affirmed; court of
appeals reversed.
Barber, McCaskill, Jones & Hale, P.A., by: D. Keith Fortner, for appellant.
Moore, Serio, & Bishop, by: Robert G. Serio, and Daggett, Donovan, Perry, and
Flowers, by: Robert J. Donovan, for appellee.
JIM HANNAH, Chief Justice. Appellee Beadles Enterprises, Inc., is a hogfinishing
operation owned by Wayne Beadles, Sr., and Wayne Beadles, Jr. This operation takes young
hogs, feeds them until they attain a certain weight, and then sells them to slaughterhouses.
Beadles makes its own hog feed, part of which contains soybean meal that is purchased from
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appellant ArcherDanielsMidland Company (ADM). In April and May of 1997, Beadles
purchased two shipments of soybean meal from ADM. ADM later learned that the soybean
meal it had sold to Beadles might have contained ball clay that was contaminated with
dioxin; however, ADM did not inform Beadles. Subsequently, on July 21, 1997, Beadles
sold and attempted to ship 126 hogs that had been fed the allegedly contaminated feed to an
Iowa purchaser, IBP, Inc. IBP, having learned of the alleged contamination from “an official
1
ADM is the successor company to Quincy Soybean Company, which sold the
allegedly contaminated soybean meal to Beadles.
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notification,” halted the shipment in Missouri, and Beadles’s hogs were stored temporarily
at a receiving center. During this time, three hogs were slaughtered and tested for dioxin;
the test results were negative. In addition, another hog died, though the cause of death was
unknown. Beadles then shipped the remaining 122 hogs back to its farm.
Beadles’s hogs are kept in an “old barn” and a “new barn,” which are approximately
fifty yards apart. Beadles returned the 122 hogs to the new barn, from which they originated.
When the hogs returned, they were extremely stressed and laid in an openflush gutter
system to cool themselves; this system washed feces and dirt from the hogs. Other hogs in
the new barn that were penned down slope came into contact with that water, feces, and dirt.
The IBP hogs were ultimately reshipped and sold to IBP at a reduced price because they had
lost weight. The hogs that were penned down slope from the IBP hogs began dying
approximately two or three weeks thereafter. Beadles sued, claiming that while being stored
at the receiving center, the IBP shipment of hogs became infected with salmonella group B,
which somehow spread to Beadles’s other hogs when the IBP shipment was returned and
caused an increased death rate in its hog operation through 2001.
A bench trial was held on October 2930, 2003. The circuit court concluded that
ADM was liable for fraud and made numerous findings of fact, including the following:
1.
ADM knew prior to July 21, 1997, and no later than July 7, 1997, that
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the federal government was concerned that the soybean meal ADM
sold in April and May of that year was contaminated.
2.
ADM had a special relationship with Beadles based on their past
dealings, and based on its knowledge that the soybean meal it sold to
Beadles would be fed to hogs and then placed into the food chain for
ultimate human consumption.
3.
ADM had a duty to disclose to Beadles that the feed ADM had sold
Beadles in April and May, 1997 might be contaminated with dioxin,
and ADM’s failure to disclose such information breached its duty to
Beadles.
4.
ADM’s failure to disclose to Beadles that the soybean meal ADM had
sold Beadles in April and May, 1997, was alleged to be contaminated
with dioxin resulted in Beadles sustaining damage.
5.
Soon after the 122 hogs were again shipped to IBP, other hogs in the
new barn began to have symptoms of salmonella and other diseases.
Hogs from the facility began to die. Some hogs from the facility were
sent to Arkansas Livestock and Poultry Commission for necropsy. The
cause of death for those hogs was listed as salmonella group B, a new
strain of salmonella not detected as a cause of death prior to July 21,
1997.
6.
The increase in Beadles’s annual hogdeath loss from 1997 through
2001 was “the result of diseases transmitted from hogs that were
returned from the July 21, 1997, shipment infecting other hogs in the
facility and infecting the facility itself.”
7.
ADM’s failure to disclose the alleged dioxin contamination resulted in
total damage to Beadles in the amount of $309,371.58.
ADM appealed, and the court of appeals reversed and dismissed. See ArcherDaniels
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Midland Co. v. Beadles Enters., Inc., 92 Ark. App. 462, ___ S.W.3d ___ (2005). Beadles
then filed a petition for review, which this court granted, pursuant to Ark. Sup. Ct. R. 12(e).
Upon a petition for review, we consider an appeal as though it had originally been filed in
this court. Wallace v. West Fraser South, Inc., 365 Ark. 68, ___ S.W.3d ___ (2006). On
appeal, ADM argues: (1) there was no evidence salmonella group B or any other diseases
came from the July 21, 1997, shipment; (2) there was no admissible evidence that IBP
rejected the shipment because of concerns about dioxin; (3) there was an inadequate
foundation for Beadles’s evidence of damages; and (4) other findings and evidentiary errors
require reversal. We affirm.
In bench trials, the standard of review on appeal is not whether there is substantial
evidence to support the findings of the court, but whether the judge’s findings were clearly
erroneous or clearly against the preponderance of the evidence. Chavers v. Epsco, Inc., 352
Ark. 65, 98 S.W.3d 421 (2003). A finding is clearly erroneous when, although there is
evidence to support it, the reviewing court on the entire evidence is left with a firm
conviction that a mistake has been committed. Id. Disputed facts and determinations of
credibility are within the province of the factfinder. Id.
To establish fraud, a plaintiff must show: (1) a false representation of material fact;
(2) knowledge that the representation is false or that there is insufficient evidence upon
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which to make the representation; (3) intent to induce action or inaction in reliance upon the
representation; (4) justifiable reliance upon the representation; and (5) damage suffered as
a result of the reliance. McAdams v. Ellington, 333 Ark. 362, 970 S.W.2d 203 (1998).
Constructive fraud can exist in cases of breaches of fiduciary duties, but a plaintiff must
show a material representation of fact. See Scollard v. Scollard, 329 Ark. 83, 947 S.W.2d
345 (1997). A confidential or special relationship between parties gives rise to a duty to
speak and clarify information upon which others might rely. See SEECO, Inc. v. Hales, 341
Ark. 673, 22 S.W.3d 157 (2000).
ADM argues that there is no evidence of the cause of death of over 95% of Beadles’s
2600plus hogs, no evidence that any of the hogs contracted salmonella group B from the
Missouri receiving center in July 1997, and no evidence that any of the rejected hogs ever
had salmonella group B. Accordingly, ADM argues that this court should reverse and
dismiss the circuit court’s findings and judgment.
The record reveals that Wayne Sr. testified that the returned hogs were placed in pens
3, 4, and 5 of the “new barn,” and that these were the same pens that those hogs had been
in prior to shipment. He stated that when the hogs were returned, they were extremely
stressed and laid in the gutter to cool off in the water. He explained that the open flush
gutter system used in the barn washed the dirt and grime off those hogs and that the pigs
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below those pens came in contact with all that dirt and grime. He testified that the pigs in
the lower pens began to get sick, noting that the pigs would not eat, drink, or move around.
He also testified that the pigs developed diarrhea. Wayne Sr. testified that soon, the pigs
began dying, and that in one pen alone, 60% of the hogs were lost. Wayne Sr. said that more
pigs were lost in one pen than were lost in the entire barn in the seven years prior to July 21,
1997.
Wayne Jr. testified that some of the pigs exhibited purple bellies, snouts, and ears.
ADM states that these are the same symptoms of actinobacillus pleuropneumonia, and that
the circuit court was simply left to speculate that the over 2600 hogs Beadles lost in 1997 and
thereafter died from salmonella group B, as opposed to actinobacillus pleuropneumonia or
other diseases present at Beadles’s facility many months prior to July 1997. ADM states that
the mere fact that Beadles’s hogs died was not, of itself, evidence that ADM somehow
caused the death of the hogs.
There is no dispute that none of the hogs from the July 21, 1997, shipment underwent
necropsies. However, Beadles points to other evidence that demonstrated that the hogs from
that shipment contracted salmonella group B. Dr. Robert Conner, Jr., a veterinarian who
testified on behalf of Beadles, explained how hogs generally die from diseases. Dr. Conner
stated that stress was a major factor in contracting diseases, and that stress could be brought
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on by moving pigs, depriving pigs of feed and water, and crowding the pigs too tightly. Dr.
Conner explained that stress causes the bacteria in a hog to start multiplying rapidly to
literally billions per gram of intestinal content. He described how hogs undergo stress being
hauled to slaughter, stating that the hogs would urinate and defecate between thirty and fifty
pounds of waste, and that the waste would contaminate the truck. As to the July 21, 1997,
shipment, Dr. Conner opined that due to the stressful environment, hauling the pigs to
slaughter and then bringing them back to Beadles’s facility was a “disaster waiting to
happen.”
Dr. Conner opined that the jump of a 3% loss in 1996 to a 40% loss in 1997 was an
explosion of disease caused by hauling the hogs back to the Beadles’s facility. He further
stated that, based on the continuing losses from 1998 to 2001, the death loss was related to
salmonella group B. Dr. Conner opined that most of the hogs died of contamination brought
on by the hogs that were returned to the facility. Dr. Conner also opined that the salmonella
group B came from either the truck hauling the July 21, 1997, shipment or from the holding
pens at the receiving center in Missouri. He based this opinion on the fact that the
salmonella group B appeared for the first time in an August 1997 necropsy report, which was
after the rejected hogs were returned to the Beadles’s facility, and the fact that Beadles did
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not buy feeder pigs from “sale barns.”
In light of the foregoing evidence, we do not agree with ADM’s contention that there
was no evidence that salmonella group B or any other diseases came from the July 21, 1997,
shipment. Further, it is clear that the circuit court found credible Dr. Conner’s testimony
concerning what he believed was the cause of the increased death loss at the Beadles’s
facility. This court gives due deference to the superior position of the trial judge to
determine the credibility of witnesses and the weight to be accorded to their testimony. City
of Rockport v. City of Malvern, 356 Ark. 393, 155 S.W.3d 9 (2004). With this standard in
mind, we cannot say that the circuit court clearly erred in finding that the increase in the
annual death loss in Beadles’s hog herd from 1997 through 2001 was caused by salmonella
group B and other diseases that were introduced by the rejected hogs.
Next, ADM argues that there was no admissible evidence that IBP rejected the
shipment because of concerns about dioxin. The circuit court found that IBP rejected the
shipment because the hogs had a reputation of having eaten soybean meal contaminated with
dioxin. ADM points out that no one from IBP testified at trial, and that all of Beadles’s
2
Wayne Sr. testified that a “sale barn” is a place where hogs and other animals are
brought to a barn for sale with the hogs presumably coming into contact with other
animals.
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testimony and evidence relating to this issue was admitted over ADM’s hearsay objection.
ADM states that this issue is significant because in order to hold ADM responsible for the
shipment being returned to Beadles’s facility and allegedly spreading diseases, Beadles had
to prove that IBP rejected the shipment based on something ADM did or failed to do. Stated
differently, ADM contends that if there was no admissible evidence to show why IBP
rejected the shipment, then ADM could not be held responsible for that rejection and the
events that allegedly followed. We disagree.
As previously noted, the circuit court found that ADM had a special relationship with
Beadles based on their past dealings and based on its knowledge that the soybean meal it sold
to Beadles would be fed to hogs and then placed into the food chain for ultimate human
consumption. Based on this special relationship, the circuit court concluded that ADM had
a duty to disclose to Beadles that the soybean meal it sold to Beadles was alleged to have
been contaminated with dioxin, and ADM’s failure to disclose this information breached its
duty to Beadles. We need not determine whether the circuit court abused its discretion in
admitting evidence concerning the reason IBP rejected the shipment because the reason for
rejection is not essential to Beadles’s claim. Beadles contended that had it known that the
soybean meal was allegedly contaminated with dioxin, it either would not have shipped the
hogs, or it would have tested the shipment prior to sending it out. Thus, it is immaterial why
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IBP rejected the shipment.
ADM next argues that there was an inadequate foundation for Beadles’s evidence of
damages. Dr. Conner established through necropsy reports that a new strain of salmonella
had been introduced into Beadles’s facility after the IBP shipment was returned to the
facility. Dr. Conner further stated that most of the hogs died as a result of contamination
from the return of shipped hogs to its facility. Beadles showed that the death rate among the
hogs in its facility prior to July 21, 1997, was less than five percent, and that after July 21,
it experienced an annual death loss in 1997 of 40.03%, in 1998 of 25.09%, in 1999 of
15.83%, in 2000 of 22.25%, and in 2001 of 28.5%. The circuit court concluded that the
increase in the annual death loss in Beadles’s hog herd from 1997 through 2001 was the
result of diseases transmitted from hogs that were returned from the July 21, 1997, shipment
infecting other hogs in the facility and infecting the facility itself. The circuit court stated
that it was not necessary that Beadles establish with absolute certainty as to exclude every
other reasonable conclusion that damages Beadles suffered were a result of the July 21,
1997, shipment of hogs that were returned to Beadles, causing an outbreak of salmonella and
other diseases in its hog herd. Further, the circuit court concluded that it was sufficient that
Beadles established by substantial evidence that the increased death loss in its hog herd was
the result of salmonella and other diseases being spread by the returned shipment of hogs to
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the other hogs in the barns. We cannot say that the circuit court’s findings are clearly
erroneous.
Finally, ADM claims that the cumulative effect of several other erroneous findings
and errors requires reversal. First, ADM argues that Exhibit BB, the list of purchasers of
feed, was inadmissible hearsay and, further, that even if the list were admissible, it would
not prove that IBP based the rejection of the shipment on Beadles’s inclusion on the list. As
previously noted, we need not determine whether the circuit court abused its discretion in
admitting evidence to prove why IBP rejected the shipment because the reason for the
rejection is not essential to Beadles’s claim.
Next, ADM argues that the circuit court erroneously found that the cause of death for
the hogs that were necropsied from the new barn was salmonella group B, a cause of death
not present on the farm prior to July 21, 1997. As pointed out by Beadles, while the
necropsy reports do not specifically use the term “cause of death,” they do use the term
“diagnosis,” and Dr. Conner testified that “diagnosis” referred to cause of death. ADM’s
argument is without merit.
ADM next argues that the circuit court abused its discretion in admitting into
evidence, over ADM’s objection, interrogatory responses and documents produced by ADM
in response to Beadles’s requests for production of documents. We disagree. As noted in
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Piercy v. WalMart Stores, Inc., 311 Ark. 424, 844 S.W.2d 337 (1993) (supplemental
opinion), answers to interrogatories may qualify as admissions by a partyopponent which
are not hearsay, as defined, and therefore may constitute substantive evidence and be
admissible in a party’s caseinchief.
Finally, ADM argues that the circuit court abused its discretion in admitting over
ADM’s hearsay objection a certified copy of a letter from the FDA. The letter at issue is a
statement and warning sent out by the FDA under its duty to protect the public from
consuming adulterated food. Further, the letter, which was addressed to feed mill operators,
stated that recipients of contaminated soybean meal were to discontinue use of the soybean
meal and to hold any remaining soybean meal and feed made from that soybean meal.
Beadles contends that the letter was admissible pursuant to Ark. R. Evid. 803(8). We agree.
Pursuant to Rule 803(8), “records, reports, statements, or data compilations in any form of
a public office or agency setting forth its regularly conducted and regularly recorded
activities, or matters observed pursuant to duty imposed by law and as to which there was
a duty to report, or factual findings resulting from an investigation made pursuant to
authority granted by law” are not excluded by the hearsay rule. The circuit court did not
abuse its discretion in admitting the letter.
In sum, because we find that the circuit court’s findings are not clearly erroneous, we
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affirm.
Affirmed.
GLAZE, J., dissents.
GUNTER, J., not participating.
The majority finds that the reason for IBP’s rejection of the shipment of hogs is of no
consequence to Beadles’s claim. The court explains its position as follows:
We need not determine whether the circuit court abused its discretion in
admitting evidence concerning the reason why IBP rejected the shipment
because the reason for rejection is not essential to Beadles’s claim. Beadles
contended that had it known that the soybean meal was allegedly contaminated
with dioxin, it either would not have shipped the hogs, or it would have tested
the shipment prior to sending it out. Thus, it is immaterial why IBP rejected
the shipment.
The basis for the majority’s decision is both ambiguous and illogical; therefore, I disagree
and respectfully dissent.
In order to establish a valid cause of action for fraud or constructive fraud, a plaintiff
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3
must show — among the other elements — that the alleged damages would not have
occurred but for the conduct of the defendant. See Tyson Foods, Inc. v. Davis, 347 Ark. 566,
66 S.W.3d 568 (2002). Here, Beadles claims that ADM’s failure to warn of the potential
dioxin contamination put into motion a chain of events that resulted in the loss of 2600 hogs.
According to Beadles’s allegations, the causal chain progressed as follows:
•
ADM failed to warn Beadles of the potential dioxin contamination;
•
Beadles, assuming that nothing was wrong, shipped its hogs to IBP, a hog
buyer located in Iowa;
•
IBP rejected the hogs, en route, because IBP believed that ADM has possibly
sold Beadles contaminated soybean meal;
•
Beadles was forced to store its hogs at a holding facility in Missouri;
3
The tort of fraud or deceit consists of five elements that the plaintiff must prove
by a preponderance of the evidence: (1) a false representation of a material fact; (2)
knowledge that the representation is false or that there is insufficient evidence upon
which to make the representation; (3) intent to induce action or inaction in reliance upon
the representation; (4) justifiable reliance on the representation; and (5) damage suffered
as a result of the reliance. See Tyson Foods, Inc., infra (emphasis added). Constructive
fraud can exist in cases of breaches of fiduciary duties, but a plaintiff must show a
material representation of fact. See Scollard v. Scollard, 329 Ark. 83, 947 S.W.2d 345
(1997). Constructive fraud, while requiring proof of all the necessary elements of actual
fraud, misrepresentation, and deceit, may be proven even when there is a complete
absence of any moral wrong or evil intention. See Roach v. Concord Boat Corp., 317
Ark. 474, 880 S.W.2d 305 (1994).
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•
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while in the holding facility, the hogs contracted salmonella and other
diseases;
•
the infected hogs were then transported back to Beadles’s facility, where they
infected other hogs;
•
Beadles suffered the loss of 2600 hogs as a result.
Each of these allegations provides a link in a causal chain that logically proves that Beadles’s
damages were caused by ADM’s failure to warn. The failure to substantiate any one of these
allegations will result in the removal of a link and a break in the causal chain.
According to the majority, Beadles is entitled to damages, regardless of the reason
IBP rejected the hog shipment. This reasoning is incorrect. Let us assume, for argument’s
sake, that IBP rejected the hogs for an unrelated reason, such asa toohigh price for the hogs.
Under this hypothetical, Beadle would have lost its 2600 hogs regardless of ADM’s failure
to warn. Given this situation, it would be impossible for Beadles to prove that ADM was the
causeinfact of Beadles’s alleged damages. This example illustrates that, in order to prove
damages, Beadles had to show that IBP rejected the hog shipment because IBP feared that
4
the hogs were contaminated. Only then can Beadles establish a causal chain and show that
4
The reasoning follows that, if ADM had warned Beadles of the alleged
contamination, then Beadles would not have shipped its hogs, or it would have tested the
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ADM’s actions caused Beadles’s damages.
The court of appeals addressed this issue and correctly held that, at trial, Beadles
relied on inadmissible hearsay to prove why IBP rejected the shipment. See ArcherDaniels
Midland Co. v. Beadles Enterprises, Inc, ___ Ark. App. ___, ___ S.W.3d ___ (Oct. 12,
5
2005). Once the inadmissible hearsay is set aside, there is no evidence to substantiate
hogs prior to shipment. Either way, the hogs would not have been rejected midtransit,
would not have contracted salmonella, and would not have contaminated Beadles’s
facility.
5
Beadles presented the following evidence to prove why IBP rejected the hog
shipment:
(1)
Exhibit Z, a memo to Beadles, dated January 15, 1998, from Larry Betrand,
IBP’s Area Procurement Supervisor. In this memo, Bertrand states that IBP
stopped the shipment of hogs “based on an official notification that Beadles
Enterprises may have received feed for their hogs that contained
contaminated ball clay”;
(2)
Wayne Beadles, Sr., testified that his son, Wayne Beadles, Jr., told him
about a telephone conversation with someone at IBP who informed Wayne
Jr. that the shipment was being rejected for the same reason;
(3)
Wayne Beadles, Jr., also testified as to the substance of his telephone
conversation with the IBP representative; and
(4)
Exhibit BB, a list labeled “Soybean Meal Consignees.” Wayne Beadles,
Sr., testified that this list was faxed to him after IBP informed him that
Beadles was on a list of purchasers who had possibly bought contaminated
feed.
___________________________
HANNAH, C.J. 1
ARCHERDANIELSMIDLAND CO. v. BEADLES ENTERS., INC.
Cite as 36_ Ark. ___ (2006)
Page 21
Beadles’s claim as to why IBP rejected the hog shipment. Consequently, Beadles failed to
prove that ADM’s actions were the causeinfact of Beadles’s alleged damages. In short,
Beadles’s claim should not succeed, due to Beadles’s failure to prove damages. For this
reason, I dissent.
Each of these pieces of evidence qualifies as inadmissible hearsay; that is, they are
“outofcourt statement[s] made by someone other than the declarant that [are] offered to
prove the truth of the matter asserted.” See Ark. R. Evid. 801(c).
___________________________
HANNAH, C.J. 1
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