Asian Spectator

Komatsu America Corp. Motion Appealed to United States 9th Circuit Court of Appeals

  • Written by ACN Newswire - Press Releases

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.meMitchell Truman+1 (702) 348 6370http://www.ETON.meEnvironmental Transportation of Nevada, LLC

Copyright 2020 ACN Newswire. All rights reserved. www.acnnewswire.com

Authors: ACN Newswire - Press Releases

Read more //?#

The Society For The Promotion Of Japanese Animation Announces ...

SANTA ANA, California, May 27, 2020 /PRNewswire-AsiaNet/ -- -- FREE Livestream Event to take place July 3 & 4The Society for the Promotion of Japanese Animation (SPJA) is thrilled to unv...

Jumeirah Al Naseem in Dubai Becomes First Hotel in the World t...

DUBAI, United Arab Emirates, May 28, 2020 /PRNewswire-AsiaNet / -- Five-star resort meets stringent health, safety and hygiene standards defined by the global leader in testing, inspection a...

Jennewein Publishes New Results on the Norovirus-inhibiting Ef...

RHEINBREITBACH, Germany, May 27, 2020 /PRNewswire-AsiaNet/ -- Jennewein Biotechnologie GmbH today announces the publication of the latest results from its norovirus research program in the J...

ActLight Signs an Agreement on Single Photon Sensitivity Techn...

LAUSANNE, Switzerland, May 27, 2020 /PRNewswire-AsiaNet/ -- ActLight, the Swiss technology firm known for its best in class signal-to-noise ratio photodiodes, announced today that it has sig...

Merck and Baylor College of Medicine Collaborate to Advance a ...

DARMSTADT, Germany, May 27, 2020 /PRNewswire-AsiaNet/-- -- Company will focus on process development and improvements for manufacturing Baylor's Covid-19 vaccine candidates Merck, a leading ...

Kentik Raises $23.5 Million in Growth Funding

SAN FRANCISCO, May 27, 2020 /PRNewswire-AsiaNet/ -- With Network Traffic Surging and New Visibility Gaps, Kentik is "the Right Company at Exactly the Right Time" Kentik(R), provider of the l...

Chengdu is Becoming the Engine Driving Development in China

CHENGDU, China, May 27, 2020 /Xinhua-AsiaNet/-- On April 28, the official website of Sichuan Provincial Government released the Reply and Approval from Sichuan Provincial People's Government...

The Reverend Elvis Sings "Can't Help Falling in Love with You"...

CALGARY, Alberta, May 27, 2020 /PRNewswire-AsiaNet/ -- Reverend Elvis Bruce Sheasby has a passion for singing the Gospel and sharing God's Grace, especially now with seniors facing isolation...

Ajinomoto Bio-Pharma Services Signs Manufacturing Agreement wi...

SAN DIEGO, May 27, 2020 /PRNewswire-AsiaNet/ -- Ajinomoto Bio-Pharma Services ("Aji Bio-Pharma"), a leading provider of biopharmaceutical contract development and manufacturing services, is ...

Nuance Voice Biometrics Quickly Identifies Customers and Stren...

BURLINGTON, Massachusetts and SYDNEY, May 27, 2020 /PRNewswire-AsiaNet/ -- -- Millions of phone banking customers benefit from fast, safe and simple verification process while removing the n...

Hop Supplier Announces New CFO During Critical Time in Hop and...

YAKIMA, Washington, May 27, 2020 /PRNewswire-AsiaNet/ -- Yakima Chief Hops ( https://c212.net/c/link/?t=0&l=en&o=2814166-1&h=1960476481&u=https%3A%2F%2Fwww.yakimachief.com%2F...

Herbalife Nutrition Survey Reveals Asia Pacific Consumers Turn...

HONG KONG, May 27, 2020 /PRNewswire-AsiaNet/ -- Less than a quarter of Asia Pacific consumers scored passing marks in a general nutrition knowledge quiz, with only four in 10 expressing stro...

Opengear Adds NetOps to Out-of-Band Management, With Launch of...

EDISON, New Jersey, May 27, 2020 /PRNewswire-AsiaNet/ -- OM1200 and OM2200 NetOps Console Servers bring NetOps and Smart Out-of-Band together, in one appliance Opengear, [https://opengear.co...

Mainetti to launch M-care PPE Range

HONG KONG, May 27, 2020 - (ACN Newswire) - Mainetti Group is pleased to announce a new range of personal protective equipment (PPE), "M-care", available to customers in support of mitigatin...

Alliance New Cooperation Business Model to Support Member-Company Competitiveness and Profitability

TOKYO, May 27, 2020 - (JCN Newswire) - Groupe Renault, Nissan Motor Co., Ltd. and Mitsubishi Motors Corporation, the members of one of the world's leading automotive alliances, today announ...

Barry Callebaut to acquire GKC Foods in Australia

Zurich, Switzerland and Singapore, May 27, 2020 /PRNewswire-AsiaNet/-- - Acquisition establishes Barry Callebaut's direct presence and manufacturing capacity in Australia to cater for the Au...

eK X and eK Wagon Achieve Top Ratings for Preventive and Collision Safety Performance in JNCAP

TOKYO, May 27, 2020 - (JCN Newswire) - MITSUBISHI MOTORS CORPORATION (MMC) today announced that eK X and eK Wagon have been awarded the highest rating by Japan New Car Assessment Program (J...

MIMS COVID-19 webcast draws record turnout

Online meeting sees the participation of 3,600 healthcare professionals from across Asia Pacific SINGAPORE - Media OutReach - 27 May 2020 - The MIMS Group conducted an on...

2019 JNCAP Assessment on Toyota Vehicles Announced

Toyota City, Japan, May 27, 2020 - (JCN Newswire) - Toyota models Alphard/Vellfire, RAV4, and Raize received the highest rank awards in the FY2019 safety performance assessment by JNCAP(1)...



News Company Media Core

Content & Technology Connecting Global Audiences

More Information - Less Opinion