Robbie Hargett Nov. 5, 2015, 11:38am


Port Neches is suing truck companies and truck manufacturers over damages sustained when an allegedly defective garbage truck caught fire.

The city of Port Neches, by and through Texas Municipal League Intergovernmental Risk Pool as subrogee, filed a lawsuit Oct. 29 in Jefferson County District Court against Rush Enterprises, Rush Truck Centers of Texas, also known as Rush Truck Center, Houston, PACCAR, doing business as Peterbilt Motors Company, Cummins, and McNeilus Truck and Manufacturing, alleging breach of express warranty, breach of implied warranty and merchantability, breach of fitness for a particular purpose, breach of contract and negligence.

On April 4, 2013, the suit states, the city of Port Neches purchased a new 2013 Peterbilt 320 garbage truck from Rush Enterprises and Rush Truck Centers of Texas, which was assembled by McNeilus Truck and Manufacturing Inc.

On Oct. 31, 2013, a city employee was operating the garbage truck when it caught fire, the suit says. An investigation found evidence a failure occurred within the fuel line, caused by a manufacturing defect, the complaint states.

The fire damaged the cab and motor area of the truck and caused the plaintiff to incur damages, the suit states.

Port Neches seeks monetary relief of less than $100,000, including damages, penalties, costs, expenses, prejudgment interest and attorney fees. The plaintiff is represented by attorneys Jennifer O'Sullivan and Charles "Bo" Joseph of the Texas Municipal Intergovernmental Risk Pool in Austin.

Jefferson County District Court case number A-197768.

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