Date: 02-25-2015

Case Style: Environmental Remediation Specialist, Inc. v. Befort Trucking, L.C.

Case Number: CJ-2015-249

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoam

Plaintiff's Attorney: Bryan Nowlin

Defendant's Attorney: No appearance

Description: Tulsa, OK - Environmental Remediation Specialist, Inc. sued Befort Trucking, L.C. on a breach of contract theory alleging:

The Plaintiff, Environmental Remediation Specialists, Inc., a domestic corporation (“ERS”), by and through its counsel of record D. Kenyon Williams, Jr. and Bryan J. Nowlin of the law firm Hall Estill Hardwick Gable Golden & Nelson, PC, for its claims against the Defendant Befort Trucking, L.C. (“Befort Trucking”), alleges and states as follows:
PARTIES, JURISDICTION, AND VENUE
1. Plaintiff Environmental Remediation Specialists, Inc. (“ERS”) is an Oklahoma corporation with its principal place of business in Tulsa County, State of Oklahoma.
2. Defendant Befort Trucking, L.C. (“Befort Trucking”) is a foreign limited liability company with its principal place of business in Hays, State of Kansas.
(I,
3 This Court has jurisdiction over the parties -
4 Venue is appropriate in this Court pursuant to, without limitation, 12 O.S. 137.

FACTS COMMON TO ALL CLAIMS
5. On or about November 18, 2013, Plaintiff ERS provided environmental cleanup service on open account for Befort Trucking, arising from an accident on a public highway in the State of Oklahoma near E 640 Road and South 4200 Road, Southwest of Inola, Oklahoma.
6. ERS responded in good faith to a call for clean-up services regarding a semi- truck owned by Befort Trucking which had overturned. Fuel from Befort’s truck leaked onto the highway thereby causing a dangerous condition to exist and requiring immediate clean-up. Befort Trucking through its agent J. Smit authorized ERS to remove its fuel and spilled load of soybeans from the highway.
7. ERS duly submitted invoice to Befort Trucking for its services. Defendant Befort Trucking has failed and refused to pay for the services. Oklahoma law requires the owner of any vehicle to pay for environmental clean-up, whether or not the owner was ultimately responsible for the accident associated with the dangerous material removed from the public highway. The policy is clear, to ensure that clean-up occurs and securing payment for entities such as ERS which undertake clean-up operations on a moment’s notice, and thereby the public is protected.
8. The services provided by ERS were immediately necessary to return the public highway to a safe condition for the general public.
FIRST CLAIM FOR RELIEF
(Breach of Contract I Open Account)
9. ERS hereby incorporates by reference the foregoing allegations.
10. The invoice for which Defendant Befort Trucking refuses payment is attached as Exhibit “A.”
11. Defendant Befort Trucking is in breach of its obligations to ERS by its refusal and failure to pay the amounts due and owing on invoices submitted to it for services rendered.
12. The sum of at least $17,039.15 is due and owing to ERS, plus prejudgment interest, from the date of this filing until paid, plus various attorney’s fees and costs incurred by ERS in collection of this debt.
12. ERS is entitled to recover its reasonable attorney’s fees and costs pursuant to 12
U.S. § 936.
SECOND CLAIM FOR RELIEF
(Statutory Liability - 47 O.S. § 11-1110(C))
13. ERS hereby incorporates by reference the foregoing allegations.
14. Oklahoma law provides that Befort Trucking is liable to any person who removes glass and dangerous conditions from a public highway after an accident. The statute states, “Any person removing a wrecked or damaged vehicle from a highway, highway right- of-way or any other location as the result of an accident shall remove any glass or other injurious substance dropped upon the highway or highway right-of-way or location location from such vehicle. The owner or insurer of the vehicle if the owner’s insurance policy provides coverage for such expense, shall be responsible for the cost of removal of the vehicle and the glass or other injurious substance and any vehicle storage fees.” 47 U.S. § 11-1110(C).
15. Defendant Befort Trucking is the owner of the vehicle involved in the accident occurring on or about November 18, 2013 for which ERS provided environmental cleanup services.
16. Defendant Befort Trucking violates the statute by its refusal to pay the amount due and owing to ERS for the services rendered in removing glass and other injurious substances from the highway.
17. ERS has suffered damages in an amount to be determined at trial, but believed to equal at least $17,039.15.
THIRD CLAIM FOR RELIEF
(Unjust Enrichment)
18. ERS hereby incorporates by reference the foregoing allegations.
19. Befort Trucking has been unjustly enriched at ERS’s expense. Befort Trucking received services from ERS and obtained the benefit of those services without payment. Under these circumstances, it would inequitable for Befort Trucking to retain such enrichment.
20. Based upon this unjust enrichment, ERS has suffered damages in an amount to be determined at trial, but believed to equal at least $17,039.15.

Court docket entries:

Date Code Description Count Party Amount
01-21-2015 TEXT

Civil relief more than $10,000 Initial Filing.
1
01-21-2015 CONTRACT

BREACH OF AGREEMENT - CONTRACT

01-21-2015 DMFE

DISPUTE MEDIATION FEE
$ 2.00
01-21-2015 PFE1

PETITION

Document Available (#1028257290)
$ 163.00
01-21-2015 PFE7

LAW LIBRARY FEE
$ 6.00
01-21-2015 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
01-21-2015 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
01-21-2015 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
01-21-2015 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
01-21-2015 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
01-21-2015 LTF

Lengthy Trial Fund
$ 10.00
01-21-2015 SMF

Summons Fee (Clerks Fee)
$ 5.00
01-21-2015 SMIP

Summons Issued - Private Process Server

01-21-2015 TEXT

OCIS has automatically assigned Judge Cantrell, Daman H. to this case.

01-21-2015 ACCOUNT

Receipt # 2015-3013713 on 01/21/2015.
Payor:HALL ESTILL Total Amount Paid: $218.70.
Line Items:
CJ-2015-249: $168.00 on AC01 Clerk Fees.
CJ-2015-249: $6.00 on AC23 Law Library Fee.
CJ-2015-249: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2015-249: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2015-249: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2015-249: $2.00 on AC64 Dispute Mediation Fees.
CJ-2015-249: $25.00 on AC79 OCIS Revolving Fund.
CJ-2015-249: $10.00 on AC81 Lengthy Trial Fund.

02-02-2015 S

Party has been successfully served. BEFORT TRUCKING SERVED / PERS/CORP SERV TO CLAYTON BEFORT / ON 1-29-15 BY PS

Document Available (#1028544060)
BEFORT TRUCKING LC
02-03-2015 S

Party has been successfully served. BEFORT TRUCKING SERVED / PERS/CORP SERV TO CLAYTON BEFORT / ON 1-29-15 BY PS

Document Available (#1028541991)
BEFORT TRUCKING LC
02-25-2015 DWP

PLAINTIFFS DISMISSAL WITH PREJUDICE

Document Available (#1028258312)
BEFORT TRUCKING LC
02-25-2015 DISPCVDMWP

DISMISSAL WITH PREJUDICE
1 BEFORT TRUCKING LC

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: