A contract between U.S. Xpress Enterprises and a trucking company apparently called for the latter of the two to foot the bill for goods that were damaged during delivery. The Florida-based trucking company allegedly failed to do so. It is now being sued for breach of contract after it apparently failed to reply to any of the reimbursement requests that it received.
The lawsuit was filed by U.S. Xpress Enterprises in order to refund one its own clients, Proctor & Gamble. Over 3,500 disposable diaper boxers were loaded onto 40 pallets and delivered to the trucking company’s driver in May 2012. However, those diapers never made it to their destination. The truck that they were loaded onto was stolen in another state and wasn’t recovered until June 2012.
Out of the original 40 pallets of diapers, only nine pallets remained, two of which were partially emptied. Proctor & Gamble requested a refund for the lost diapers, and U.S. Xpress returned over $24,000. In turn, U.S. Xpress subsequently submitted their own claim to Phoenix Freight — the trucking company — but it failed to reply to the request.
In the contract between U.S. Xpress and Phoenix Freight, the required reimbursement for damaged goods includes items that are either stolen or lost, too. In addition to the breach of contract that it alleges Phoenix committed by failing to reimburse them, U.S. Xpress also claimed that Phoenix did not train the driver on the proper way to fasten items that he was transporting. For those in Florida pursuing a breach of contract lawsuit, it is possible that both sides may agree to a settlement. In instances when a settlement is not possible, the claim will proceed to court proceedings.
Source: pennrecord.com, “Transport company sues for breach of contract over stolen diaper shipment“, Jim Boyle, July 17, 2014