TAMPA – A Plant City corporation is being accused of breaching an agreement with a Pennsylvania company.
Arkema Inc. filed a complaint on Jan. 9 in the Tampa Division the Middle District of Florida against Bulk Resources Inc. alleging breach of transloading agreement and other counts.
According to the complaint, the plaintiff alleges that on May 1, 2010, it entered into a Transloading Agreement with the defendant, wherein the defendant had the duty to safely transfer toxic materials, including liquid latex, from railcars into tank trucks and to railcars for delivery to plaintiff's customers at the defendant's New Orleans facility.
However, the Occupational Safety and Health Administration issued a Citation and Notification of Penalty following the injuries of two employees and death of a third of Dedicated TCS LLC, an affiliate of the defendant. The suit states the plaintiff was sued pursuant to the incident, nonetheless, the defendant refused to acknowledge the validity of plaintiff's written demands to defend plaintiff and hold it harmless as identified in the transloading agreement.
The plaintiff holds Bulk Resources Inc. responsible because the defendant allegedly failed to ensure adequate training to all employees handling the hazardous materials, failed to defend plaintiff against legal complaints, failed to procure insurance protecting plaintiff, and failed to obtain consent from plaintiff to assign duties to a third party.
The plaintiff requests a trial by jury and seeks judgment against defendant, satisfy its duty to defend plaintiff, damages, attorneys’ fees, costs, interest, for defendant to honor obligations under agreement, and all other relief as the court deems just. It is represented by Christopher Torres of Greenberg Traurig PA in Tampa.
Tampa Division of the Middle District of Florida Case number 17-cv-00057