HOUSTON – In early August, a driver for ASAP Freight Systems filed suit against the Houston company, alleging he was underpaid.
On Aug. 23, one of the defendants in the case answered the lawsuit and filed an action of her own, seeking to hold her ex-husband, who is also a defendant in the suit, accountable for her court costs and any potential damages levied against her.
Alleging breach of contract, plaintiff Robert Patrick McGuire filed his complaint on Aug. 6. In addition to ASAP Freight Systems, Marek and Sherry Menger, along with Greg Chapman, were also named as defendants.
In his suit, McGuire says he entered into a contract with the defendants in February to transport materials with the use of his truck as an independent contractor.
Allegedly, the defendants underpaid him and did not disclose the true invoiced amount to customers so he could not calculate the amount he was entitled to under his contract.
According to Sherry Menger’s answer and cross-claim, she and Marek were once married and owned several businesses together, including ASAP Freight, which was awarded to Marek.
As part of their divorce agreement, Marek was obligated to deliver to her a stock transfer agreement for ASAP Freight and all other documents necessary to effectuate the transfer of her interest in the company to Marek.
“Marek has materially breached this obligation because he failed to deliver the Stock Transfer Agreement or any other transfer documents to Sherry within the time required by the parties agreement memorialized in the Divorce Decree,” the cross-claim states.
The cross-claim further states the parties agreed Marek would defend Sherry against claims or demands made against her in connection with ASAP Freight and indemnify her from all damages.
On Aug. 15, Sherry served Marek with a written demand for defense and indemnity, which he “ignored,” according to the cross-claim.
She is accusing him of breach of contract.
As to McGuire’s lawsuit, Sherry is asserting a general denial and maintains his petition is “vague” and fails to giver her fair or reasonable notice of the specific claims asserted against her.
McGuire holds the defendants responsible because they allegedly underpaid divers and did not produce invoices that would disclose the underpayment.
He seeks damages of less than $200,000 and is represented by Patrick O'Hara of O'Hara Law Firm in Houston.
Sherry is represented by James Ardoin III, attorney for the Houston law firm Jones Walker.
Harris County District Court case number 2018-52287