Robert Crowder of Tressler LLP was selected to provide a defense to a small trucking company located in El Paso, Texas that had been sued by a large broker for alleged in-transit cargo damage. The trucking company, Balance Transportation, LLC, was being inappropriately blamed for cargo damage caused during offloading by the consignee, and the broker appeared to be taking the side of a shipper who routinely books thousands of annual loads rather than provide any weight to the trucker’s version of events. After completion of depositions in El Paso and Cincinnati, both sides filed cross-motions for summary judgment. Shortly before trial, the Court found in favor of Tressler’s client, Balance Transportation, LLC, and issued an opinion that has been published by Westlaw as Case No. 2019 WL 1531208, which also indicates forthcoming publication in the official reporter.
While the Court declined to grant Tressler's cross-motion seeking a determination that the broker’s application of the motor carrier’s invoices toward the loss was wrongful, it instead concluded that since the other issues had been decided in favor of Balance Transportation, LLC, those invoices were “open and due.” Accordingly, this was a complete win notwithstanding the mechanics of how the Court got there.
About Robert Crowder
For more information, contact Robert Crowder at email@example.com.