5,000-head Viborg dairy denies liability in the death of man working on pump
VIBORG, S.D. – A South Dakota dairy where a contractor was killed in a gruesome accident last year is arguing in court that the worker knew the risks that cost him his life.
That’s according to a recent court filing by Tri-Cross Dairy in response to a wrongful death lawsuit brought against the southern Turner County ag operation in the aftermath of Michael Van Surksum’s fatal accident last summer bought by his widow, Michaela.
Federal court records reviewed by The Dakota Scout indicate Van Surksum was employed with Automated Waste Systems in June 2025 when the company was hired by Tri-Cross Dairy to tend to pumps that transport livestock waste to nearby lagoon pits.
Van Surksum and a co-worker were performing repair work on a pump inside one of the lagoon pits, which hold a combination of manure and water. About a foot and half of liquid manure filled the 8-foot foot lagoon when Van Surksum’s co-worker, Sterling Haack, descended into the pit on a ladder, according to the lawsuit.
Liquid manure continued to flow into the lagoon as Van Surksum and Haack started their repair work, but the flow was supposed to have been turned off. That’s because it posed a danger of agitating the liquid manure, causing elevated levels of toxic gas, according to the litigation.
As Haack descended into the lagoon on a ladder, Van Surksum remained at ground level. He noticed the liquid manure flowing into the lagoon, and he asked a dairy employee to shut it down. Despite the valve being turned off, manure continued to flow into the pit.
Haack lost consciousness and fell off the ladder, landing face down in the liquid manure.
“Decedent Van Surksum saw Haack in imminent peril and jumped into the subject manure pit to rescue him,” the lawsuit says.
Van Surksum hoisted Haack onto his back and attempted to climb out of the lagoon. The dairy employee monitoring the work left the scene to call for emergency responders. By the time he arrived back at the lagoon, Van Surksum had succumbed to the toxic gas and fallen into the pit face down. Haack was lying on Van Surksum’s back.
Van Surksum was declared dead at the scene. Haack was airlifted to an area hospital where, the lawsuit says, he ultimately recovered from his injuries.
Van Surksum died from asphyxia by inhaling liquid manure, according to the autopsy report.
Tri-County’s response denies liability, disputing it failed to stop the flow of liquid manure into the lagoon.
“Defendants admit only that there can be danger of toxic exposure when entering and working with manure pits and lagoons,” the dairy’s attorney wrote. “Defendants specifically allege that plaintiff’s decedent, his co-worker and his employer Automated Waste Systems, Inc. are well aware of these dangers because they are professionally trained to work in these areas and conditions, and were hired to do the work because of their specialized expertise and training.”
Following the accident, the Occupational Safety and Health Administration investigated both Tri-County and Automated Waste Systems, issuing citations to each.
“On or about and at times prior to June 6, 2025, the employer did not develop or implement a written hazard communication program to communicate chemical hazards or measures needed to protect employees from exposure to hydrogen sulfide for employees working directly adjacent to the edge of the ‘manure collection pit,’” OSHA’s investigation determined.
OSHA cited Automated Waste Systems for not equipping its employees with devices to monitor the presence of hazardous gases and chemicals.
The Federal District Court for the District of South Dakota is hearing the case.
Van Surksum’s wife, Michaela, is represented by Michael Marlow of Marlow, Woodward & Huff in Yankton. Tri-County is represented by Laura Hanson of Meagher + Geer in Minneapolis.
