BEAUMONT – A appellate court has affirmed a lower court’s decision to hold Unimex Logistics LLC liable for the balance a towing company is owed for providing cargo and equipment involved in a spill that resulted from an accident involving a tractor-trailer.
In a May 24 opinion, the Court of Appeals for the 9th District of Texas at Beaumont affirmed the awards the Jefferson County Court at Law No. 1 gave Tim Neff Towing Inc. against Unimex Logistics LLC and Margo Logistics LP. The case was brought before Justices Hollis Horton III, Charles A. Kreger and Leanne Johnson.
Unimex had sought to overturn the judgment holding it liable for the remaining balance owed to Neff Towing, which provided cleanup services following a July 2013 spill that resulted from an accident. The tractor operated by Unimex reportedly overturned while in on the westbound side of Interstate Highway 10. The tractor being used to deliver a cargo of brake calipers was leased to Unimex by Margo Logistics, the opinion states.
In addition to providing cleanup services, Neff Towing also towed and stored the vehicle. It its appeal, Uminex argued that the evidence failed to justify the trial court’s decision.
The trial court found that Unimex paid Neff Towing $14,562 for the services it provided after the spill. Under the trial court’s judgment, Unimex is required to pay $21,332 of Neff Towing’s bill.
During trial, Uminex argued it wasn’t liable because it didn’t own the tractor or cargo involved in the spill.
“Unimex and Margo Logistics should be jointly and severally liable to Neff Towing because both benefited from Neff Towing’s services and nothing required Neff Towing to divide its charges between the rig’s tractor and trailer,” the trial court said.
The appeal court agreed.
“The record contains sufficient evidence to support the trial court’s conclusion holding Unimex responsible for Neff Towing’s charges as Unimex carried the cargo that spilled,” the court said..