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

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