Allied Transportation, L.L.C., d.b.a Allied Towing of Tulsa v. 5J Oilfield Trucking, L.L.C.

Tulsa, Oklahoma commercial litigation lawyers represented the parties in a breach of contract case.



Defendant SJ Oilfield Trucking, LLC (hereinafter "SJ") is a Texas Limited Liabili'ty : _

Company. Upon information and belief, 5J's principal place of business is located at 4090 N US

Highway 79, Palestine, Texas 75801. NBC may be served with a copy of the Summons and Petition

via its Registered Agent, James E. Frye, Jr., 2030 AN CO RD 403, Palestine, Texas 75803.

Jurisdiction is proper in this Court as to said Defendant because, at all times relevant to this

Petition, SJ was intentionally operating and conducting business activities within the State of

Oklahoma.



On February 8, 2025, sometime before 12:49 P.M., one of 5J's tractor-trailers, which was

carrying an "oversize load" in excess of 200,000 lbs., (the "SJ Truck") ended up in a roadside ditch

along D0583 Rd., near U.S. Highway 412 in Mayes County, Oklahoma (the "Scene"). Ex.I,

Photographs of Scene.



On February 8, 2025, 5J retained Allied's services to remove the 5J Truck from the roadside

ditch and get the truck back on U.S. Highway 412. In so doing, Allied performed towing and

offroad recovery services to remove the 5J truck from the roadside ditch, traffic control services

due to the road blockage, and additional towing and related services to move the 5J Truck ( one

removed from the roadside ditch) from D0583 Rd. onto U.S. Highway 412 (collectively the

"Work").



Allied was dispatched to the Scene at 12:49 P.M. on February 8, 2025. Ex. 2, Allied Invoice.

Allied arrived at the Scene at 1 :33 P.M. on February 8, 2025. Id.

8. From 1 :33 P.M. on February 8, 2025 until 3:00 A.M. on February 9, 2025 (nearly fourteen

(14) hours), Allied was present at the Scene, continuously performing the Work for which it was

hired by 5J. Id.



Allied successfully completed the Work sometime around 3:00 A.M. on February 9, 2025.

5J has never disputed Allied's full and satisfactory performance of the Work. Id.





There is currently $32,881.21 (the "Unpaid Balance") due and owing to Allied from SJ for

Work that Allied performed, for nearly fourteen (14) continuous hours, so that the SJ Truck could

be removed from the roadside ditch and moved from D0583 Rd. onto U.S. Highway 412. Id.



Allied submitted a "cash- pay on delivery" invoice to SJ which itemized the cost of the

Work performed on February 8 and 9, 2025, and has demanded 5J's full and complete payment of

the Unpaid Balance several times. Id.



Despite several instances where a representative of SJ affirmatively represented to a

representative of Allied that SJ would timely make full payment of the Unpaid Balance, the Unpaid

Balance remains completely unpaid to date.



Allied has not excused 5J's failure to tender payment of the Unpaid Balance.



On or about February 14, 2025, undersigned counsel for Allied made written demand for

payment of the Unpaid Balance from SJ. Ex. 3, Demand Letter.



Within the demand letter attached as Exhibit 3, Allied put SJ on notice of Allied's intent to

initiate proceedings against SJ in the event SJ failed to make full payment of the Unpaid Balance

by February 21, 2025. Id.



SJ failed to tender full and complete payment of the Unpaid Balance (or any payment

thereof) by February 21, 2025.



All conditions precedent to bringing this action have occurred or have been waived.



Answer



Defendant prays that Plaintiff take nothing by way of its Petition and

that the Court grant to Defendant as judgment against Plaintiff its court costs and attorney

fees pursuant to Oklahoma Statute and for such other and further relief as the Court deems

just and proper.

Settled and dismissed with prejudice.