GAINESVILLE — Trans United Van Lines is accused of failing to deliver a woman's belongings in California after picking them up in Florida on March 15.
Diane Lang filed a lawsuit on Sept. 11 in the Northern District of Florida, Gainesville Division, under the Carmack Amendment to the ICC Termination Act, formerly known as the U.S. Interstate Commerce Act. She is suing DM Mover, Inc., doing business as Trans United Van Lines.
The plaintiff claims she hired Trans United Van Lines for a March 15 move from Alachua County, Florida, to California. As of the filing date, on Sept. 11, the items had not been delivered, according to the lawsuit.
The plaintiff filed a Notice of Claim in July and sought “either a return of her property (as well as a refund), or that delivery occur within ten (10) days.”
The defendant did not respond to the Notice of Claim. Between July 20 and Sept. 10, the plaintiff’s counsel either spoke to or exchanged emails with the defendant’s agents, including the claims department and legal department in order to “obtain a copy of the Defendants tariff, the bill of lading, or shipper’s receipt,” according to court documents.
The defendant has refused to provide these items, according to court documents.
Lang had hired Miami-based Trans United Van Lines for a move in “late January/early February 2018.” After negotiations, the plaintiff agreed to pay the defendant “no more than $1,541.50” to move her belongings from Florida to California and had received a “Binding Moving Estimate” with this price.
On the estimate, it was written that, “Binding not to exceed price.”
After her belongings were loaded on the truck on March 15, the plaintiff alleged that the driver demanded $3,000 in cash before he would depart for California, because she was told “that her belongings exceeded the driver’s limit (in either weight or size),” and if she paid it her delivery would be “completed within two (2) weeks.”
Additionally, the defendant advised the plaintiff that the total cost of the move would not be over $6,000.
The plaintiff attempted to contact the defendant four days later. It was then that she discovered that the movers had not yet left Florida, allegedly demanding $1,652.25, before the movers would ship the plaintiff’s belongings to California.
The plaintiff tried multiple times to contact the defendant for a delivery date, according to court documents.
According to the filing, “Plaintiff was given a variety of excuses for the delay, but was never provided with a delivery date.”
The filing, which was submitted on behalf of the plaintiff by Gainesville attorney Eric Dibert, alleged damages which were “a direct result of Defendant’s failure to perform reasonable shipping methods,” and maintains that the defendant is liable for a delay damages and losses, replacement costs, freight charges, prejudgment interest as well as court costs and attorney’s fees.
U.S. District Court for the Northern District of Florida, Gainesville Division, Case 1:18-cv-00174