Ferguson Production sues over damaged press

Kelly Holleran Jul. 20, 2011, 3:47am

A Kansas corporation has filed suit against the company that it claims failed to adequately reimburse it for damages caused during the delivery of a product it purchased.

Ferguson Production claims it bought a Cincinatti Milacron Injection Molding Press from defendant Meadoworks on Nov. 10, 2009, for $118,000. On Nov. 20, 2009, Ferguson wired payment for the press, and Meadoworks agreed to assume any damages caused during transport, according to the complaint filed June 29 in St. Clair County Circuit Court.

On Dec. 4, 2009, the press sustained more than $10,000 worth of damages; however, Meadoworks failed to compensate Ferguson for its loss, the suit states.

"Defendant breached said duty by providing only $6,800 of insurance coverage for the Press, which had been purchased for $118,000," the complaint says.

Meadoworks negligently failed to check the Safety Status Measurement System rating of the hired carrier and failed to properly insure the press during its transport, according to the complaint.

In its complaint, Ferguson alleges breach of contract, breach of fiduciary duty to obtain insurance, negligence and restitution against Meadoworks.

It is seeking a judgment of more than $400,000, plus costs, post-judgment interest and other relief the court deems just.

Robert W. Cockerham of Brown and James in St. Louis will be representing it.

St. Clair County Circuit Court case number: 11-L-270.

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