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Tuesday, April 30, 2024

Insurer alleges tractor trailer driver failed to secure load, caused cargo damage

Federal Court
Rosenstengelcropped

Rosenstengel

EAST ST. LOUIS — A cargo carrier company is facing a claim its tractor trailer driver failed to secure a load, causing more than $200,000 in cargo damage.  

The Charter Oak Fire Insurance Co., as subrogee of Abbott Machine Company Inc., filed a complaint Sept. 30 in the U.S. District Court for the Southern District of Illinois East St. Louis Division against Landstar Ranger Inc.

According to Charter Oak's complaint, Landstar received cargo in Houston on Oct. 4, 2019, for delivery to Alton. Charter Oak claims the cargo hauled by Landstar arrived in Alton on Oct. 7, 2019. Upon arrival, the plaintiff alleges the cargo was damaged and "otherwise impaired in value" due to the tractor trailer driver's failure to secure the load. 

Charter Oak alleges its insured, Abbott Machine, filed a $276,030.35 claim for the damaged cargo done by Landstar, which was paid. The insurer now seeks reimbursement for the claim. Charter Oak alleges Landstar breached its duties and obligations as a cargo carrier by failing to deliver the cargo "in the same condition it was received."

Charter Oaks seeks compensation of $276,030.35, interest and all other just relief. They are represented by Thoams Weiler, Steven Johnson and Margaret Molloy of Langherny, Gillen, Lundquist & Johnson LLC in Wheaton. 

U.S. District Court for the Southern District of Illinois East St. Louis Division case number 3:21-CV-01203-NJR

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