ENGLISH
|
JAPANESE
|
CONNECT WITH US:
Home
About
Contact
Log in
*
Home
Press release
May 22, 2020 16:00 JST
Source:
ETON Transportation
Komatsu America Corp. Motion Appealed to United States 9th Circuit Court of Appeals
LAS VEGAS, NV, May 22, 2020 - (ACN Newswire) - The United States Federal Court Judge overseeing the lawsuit between plaintiff Environmental Transportation of Nevada, LLC (ETON) and defendants Komatsu America Corp., Komatsu Equipment Company (KEC) and Modern Machinery Co., Inc. of Rochester, WA, regarding contributory negligence in the destruction of a bridge over Interstate 5 in Washington state, denied Modern Machinery's motion for reconsideration filed soon after the courts ruling for trial. The Court said that while it was a close call, there are issues of fact regarding whether the height issue was apparent or a hidden defect, and will allow a jury to decide the fate at trial.
However, the judge granted summary judgment to the Komatsu defendants. After entry of the summary judgment order, ETON filed a notice this week to the United States Ninth Circuit Court of Appeals to appeal the dismissal of the Komatsu defendants.
On July 20, 2016, a semi-truck hauling a pair of Komatsu excavators hit the overpass spanning Interstate 5 near Chehalis, WA, causing significant structural damage leading to a lawsuit between ETON versus Komatsu America Corp., Komatsu Equipment Company (KEC) and Modern Machinery Co., Inc. of Rochester, WA.
The suit alleges that Komatsu America's agent Modern Machinery failed to load the excavators properly and in accordance with Komatsu's published shipping dimensions for the equipment under transport. ETON alleges that the knowing failure to load pursuant to the manufacturer recommendations was the cause of the accident and damage to the bridge.
Modern Machinery is a part of a large consortium of privately held companies collectively known as the Washington Companies, owned by billionaire Dennis R. Washington. Modern Machinery sells and rents high quality heavy equipment and provides product support to the construction, mining, and forestry industries. The Modern Machinery terminal in Rochester, WA is a home to a large staging area for a variety of Komatsu product brought from overseas awaiting shipment to other Komatsu dealers.
ETON is a Las Vegas-based premier transportation company serving the Western United States with equipment, professional drivers and superior on-time service.
Komatsu America Corp. is a U.S. subsidiary of Komatsu Ltd., the world's second largest manufacturer and supplier of earth-moving equipment, consisting of construction, mining and compact construction equipment.
CONTACT:
ETON.me
Mitchell Truman
+1 (702) 348 6370
http://www.ETON.me
Environmental Transportation of Nevada, LLC
Source: ETON Transportation
Sectors: Local Biz
Copyright ©2024 ACN Newswire. All rights reserved. A division of Asia Corporate News Network.
Latest Release
First-ever Mazda CX-80 Crossover SUV Unveiled in Europe
Apr 19, 2024 13:50 JST
Fujitsu develops technology to convert corporate digital identity credentials, enabling participation of non-European companies in European data spaces
Apr 19, 2024 10:17 JST
Mitsubishi Heavy Industries and NGK to Jointly Develop Hydrogen Purification System from Ammonia Cracking Gas
Apr 18, 2024 17:01 JST
Toyota Launches All-New Land Cruiser "250" Series in Japan
Apr 18, 2024 13:39 JST
Fujitsu and Oracle collaborate to deliver sovereign cloud and AI capabilities in Japan
Apr 18, 2024 11:14 JST
Eisai: Research on Treatments for Alzheimer's Disease Based on Its Pathological Mechanisms Recieves Award for Science and Technology (Research Category)
Apr 18, 2024 10:53 JST
All-New Triton Confirmed as First Double-Cab Pickup Truck to Achieve 2024 Five-Star ANCAP Safety Rating
Apr 18, 2024 09:22 JST
Eisai's Antiepileptic Drug Fycompa Injection Formulation Launched In Japan
Apr 17, 2024 16:17 JST
Honda Unveils Next-generation EV Series for China
Apr 17, 2024 12:15 JST
Lexus presents Time at the 2024 Milan Design Week
Apr 16, 2024 18:49 JST
Mitsubishi Corporation Announces Participation in a DAC Project in Louisiana, USA
Apr 16, 2024 14:36 JST
New circuit challenge for TOYOTA GAZOO Racing
Apr 15, 2024 17:21 JST
TOYOTA GAZOO Racing back on asphalt for Croatian challenge
Apr 12, 2024 19:36 JST
Heidelberg Materials North America Announces Latest Milestone in Edmonton CCUS Project
Apr 12, 2024 14:39 JST
MHIAEL Completes Expansion of the its Nagasaki Plant for Manufacture of Aero Engine Combustors
Apr 11, 2024 18:08 JST
Mitsubishi Shipbuilding Acquires Approval in Principle (AiP) from Classification Society ClassNK for Ammonia Fuel Supply System (AFSS)
Apr 11, 2024 17:50 JST
DOCOMO, NTT, NEC and Fujitsu Develop Top-level Sub-terahertz 6G Device Capable of Ultra-high-speed 100 Gbps Transmission
Apr 11, 2024 15:10 JST
Mitsubishi Corporation Announces Completion of Capital Raise by Nexamp
Apr 11, 2024 13:07 JST
Mitsubishi Shipbuilding Receives Order for Ammonia Fuel Supply System for Ammonia-Powered Marine Engine
Apr 10, 2024 16:55 JST
Transgene and NEC Present First Clinical Benefits of Neoantigen Cancer Vaccine, TG4050, in Head & Neck Cancer at AACR 2024
Apr 10, 2024 13:36 JST
More Latest Release >>
Related Release
Washington Companies Attorney is Filed Against With Ethics Complaint
August 26 2021 02:00 JST
Ethics Complaint Filed Against Washington Companies Attorney
August 20 2021 23:00 JST
Washington Companies Pays for Bridge Destruction Caused by Their Negligence
July 04 2021 10:00 JST
Washington Companies Refuses to Provide Key Documents in Federal Court Case and is Served with Motion to Compel to Produce Documents
May 25 2021 05:00 JST
NTSB-style report finds The Washington Companies caused Bridge Destruction
May 04 2021 12:00 JST
The Washington Companies Determined to be Causing Employer in Accident
July 31 2020 16:00 JST
Washington Companies Refuses Safety Recommendations
July 10 2020 19:20 JST
Komatsu's Dismal Safety Record
June 26 2020 19:00 JST
Washington Companies Failure to Train Employee Causes Bridge Strike
June 15 2020 16:00 JST
Komatsu Failure to Audit Washington Companies Training Program Leads to Bridge Strike
June 09 2020 17:00 JST
More Press release >>