Fenley
LUFKIN - A Louisiana company is being sued for selling a hydraulic fluid that contained an allegedly defective component which resulted in extensive damage to commercial equipment.
Murray Brothers Inc. and Sido Trucking Inc. filed suit on Trusouth Oil on Oct. 24 in the Eastern District of Texas, Lufkin Division.
Murray Brothers and Sido Trucking state that they used the defendant as their exclusive supplier of hydraulic oils and fluids for several years. According to the lawsuit, sometime in June 2010 PetroTech supplied a component of Premier Tractor Hydraulic Fluid in which there was a change in the formulation of the blended base stock. The new blend had a high acidic content and it oxidized very quickly under heat and pressure, the suit states.
According to the complaint, the plaintiffs allege that this new blend resulted in extensive breakdowns, repairs and many maintenance attempts on heavy equipment.
"The breakdowns caused a significant interruption of Plaintiffs' cash flow and have caused then a loss of profits, an inability to compete for new work, and ultimately the loss of some of the equipment," the lawsuit states.
The defendant is accused of negligence for the design, manufacture, assembly, mixing and inspecting of the fluid, failing to warn maintenance directives or safety notices and deceptive trade practices.
The Murray Brothers and Sido Trucking are seeking damages for costs of repair and replacing the damaged equipment, lost profits, damage to credit, loss of equity, plus interest, attorney's fees and court costs.
The plaintiffs are represented by Curtis W. Fenley III of Fenley & Bate in Lufkin.
A jury trial is requested.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 9:11-cv-00175