Tressler Attorney Robert Crowder Wins Trucking Case

Tressler Attorney Robert Crowder Wins Trucking Case

  • May 28, 2019, 11:42 AM

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

Robert Crowder

Robert Crowder is a partner in Tressler's Litigation practice. He represents clients in a variety of commercial and business litigation involving maritime, admiralty, transportation, environmental, energy and insurance matters. He has extensive experience in all aspects of litigation, through and including trial and appeals, and with alternative dispute resolution in its various forms. He strives to creatively resolve matters at inception when possible and to explore opportunities to expeditiously resolve issues. Robert has worked on cases dealing with contractor injuries arising in refinery, oil production unit and other heavy industrial settings. He also has experience with toxic-tort and toxic-brain injury claims, California Proposition 65 litigation, environmental compliance counseling, cargo damage claims, products liability claims and breach of contract claims involving oil terminals and contracts of carriage.

For more information, contact Robert Crowder at rcrowder@tresslerllp.com.