You are eligible to enroll in the 401(k) plan on the first of the month following your 6 months of employment. The companys primary activity is east of the Mississippi, with a lot of business on 95, 70, 81, up and down the East Coast, Gerdin said. 10-2, pp. ATACS, 155 F.3d at 669 (citation omitted). Such damages in this case include the $135,193.76 Plaintiff reportedly paid to Blue Beacon and the additional wash-bay attendants, as well as the $265,985.28 Smith owes Siemens under the financing agreement for the System. 03-6741, 2005 U.S. Dist. 85-2052, 1986 U.S. Dist. Constr., Inc. v. Selco Mfg. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. The deal also includes a five-year renewable option. Where the Court need not award mandatory prejudgment interest under Black Gold, however, Pennsylvania law allows for the recovery of discretionary interest. 1985) ("[E]ven where the breach was not the failure to pay a fixed or ascertainable sum, still the buyer may be entitled to recover `compensation for delay.'" TBW's breach has therefore caused Smith $53,076.78 in additional payroll expenses. See also Penneys v. Pennsylvania R. Co., 183 A.2d 544, 546 (Pa. 1962) (following 337). "Pennsylvania courts will look to traditional principles of equity, such as unjust enrichment or forfeiture, in considering the propriety of restitution damages." Alternatively, Plaintiff asks for reliance or restitution damages. It certainly adds to the density of what weve already got out there, he added. Though the System was covered by a one-year warranty, which included the cost of necessary services, TBW eventually failed to even respond to Plaintiff's inquiries. Home Daily, Must live within 25 miles of Appleton, WI. Citing the Pennsylvania Supreme Court's adoption of the Restatement of Contracts, Smith argues that. Since its initial public offering in 1986, Heartland has grown from approximately $20 million in revenue to one of North Americas largest, most profitable, and best capitalized truckload carriers. The price quote given Plaintiff indicates the overall cost of that replacement to be $156,310.78. Black Gold, 730 F.2d at 944-45 (declining to award prejudgment interest where plaintiff offered no evidence to carry their burden); Peterson v. Crown Fin. There are a few reasons this might happen: To regain access, please make sure that cookies and JavaScript are enabled before reloading the page. at 699. In addition, it reported having a debt-free balance sheet. We are totally driven and seek continuous improvement in everything we do. Check back soon to see their comments. A hearing was held before the Court on March 15, 2007, to address all issues of damages, costs, and expenses. In the Third Circuit, the victims of breach are entitled to prejudgment interest in four scenarios: Smith requests interest on the System's contract price $229,861.00 which it contends represents the value of TBW's performance. As the Third Circuit has noted, "the general rule in Pennsylvania, as in most jurisdictions, is that if damages are difficult to establish, an injured party need only prove damages with reasonable certainty." (citations omitted). 2018 Herald International Research Journals. No More Than 1 Ticket in the Past 12 Months. Today we are a long-haul, refrigerated, truckload carrier providing time sensitive and temperature controlled services to over 250 customers throughout the 48 continental United States. At the March 15 hearing, Plaintiff offered the testimony of Jeffrey Musselman, Smith's Vice President of Maintenance (hereinafter "Musselman"), who verified payroll records for wash-bay attendants indicating that, from August 2005 to December 2006, Plaintiff paid $50,128 more than it would have if the System had operated at the contractually specified levels, a monthly average of $2,948.71. "); Mace v. Atl. Combined with the payments to additional wash-bay attendants and Blue Beacon, Smith's total losses equal $286,423.64. at 671. 10, pp. They offer us long-term stability and the opportunity to grow as part of an industry leader, while retaining our own culture and identity. 1998) (citation omitted), and, according to Smith, total $291,504.54. Thats our promise to you. . 9). This incentive will be paid as long as the driver is an active driver. I look forward to being part of the team to ensure a smooth transition., Todd Smith, Smiths President, commented, As an employee-owned company, our goal was to find the best value and the best home for our people for years to come. Plaintiff includes under each theory the money paid for additional attendants and third-party truck washing. Plaintiff is an interstate motor carrier that operates several hundred tractor-trailers, which it must maintain in a certain condition to ensure appropriate safety levels and full compliance with state and federal laws. No More Than 3 Tickets in the Last 3 Years. of Copper Range Co. v. Lectromelt Furnace Div., McGraw Edison Co., 417 F. Supp. Lawmakers in four states are working to address who can travel in the left-lane of multi-lane highways, all trying to tighten the rules. Heartland has received Carrier of the Year award from FedEx 14 times in the past 15 years. Such damages seek to "to place the aggrieved in as good a position as would have occurred had the contract been performed," ATACS Corp. v. Trans World Commc'ns., 155 F.3d 659, 669 (3d Cir. Smith does not offer tuition reimbursement. The modern fleet is not expected to require any out of cycle investment. Additionally, the cash position of Heartland at the end of the first quarter has changed significantly, in part because of a sale announced last week of a California terminal the company owned in the Inland Empire. You cant build this again. The broker described the price as top dollar.. Gerdin said Heartlands cash position had risen to roughly $300 million before the acquisition of Smith Transport. Smith has the following home time options available: Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? No More Than 1 Preventable Accident in the Last Year. 1983). LEXIS 33151, at **7-8 (E.D. Weld Div. Pennsylvania. We just dont have as many to pick from., (This article has been updated with comments from Heartland management and additional financial information. Plaintiff also asks for pre-judgment interest on the value of the service that Defendant was to perform. Pa. 1976). Smith operates a fleet of about 850 company tractors, with an average age of less than three years, and approximately 2,000 dry van trailers. Where "unknown variables cloud a reasonably certain calculation of lost profits stemming from the breach," courts may also turn to the equitable principle of restitution. ), a 15 year truck driving veteran, in January 2007. ATACS, 155 F.3d at 669 ("The preferred basis of contract damages seeks to protect an injured party's `expectation interest.'"). ATACS, 155 F.3d at 669. Pa. June 25, 2001) (finding that the "`the mere fact [a plaintiff has] the use of the money rightfully paid it under the terms of the contract does not indicate that it was unjustly enriched.'" 25, 2007). According to the Restatement, "If the breach consists of a failure to pay a definite sum in money or to render a performance with fixed or ascertainable monetary value, interest is recoverable from the time for performance on the amount due less all deductions to which the party in breach is entitled." - Valued Customer, 153 Smith Transport Rd, Roaring Spring PA 16673. 10, pp. In its first acquisition since it bought Mills Transfer in August 2019, Heartland paid approximately $170 million for all of the equity in Smith and related companies. No more waiting on quarterly bonuses. Smith was an S corporation for tax purposes, and the transaction included an election that results in tax deduction benefits over periods of one to 15 years. AdvisorsScudder Law Firm, P.C., L.L.O. Such damages will also have a less severe effect on a Defendant who has been almost entirely absent from this litigation. The Parties subsequently executed a sales contract and the System was installed at Smith's facility in Roaring Springs, Pennsylvania, in May 2005. "At a minimum, reasonable certainty embraces a rough calculation that is not too speculative, vague or contingent upon some unknown factor." For information on how to unsubscribe, as well as our privacy practices and commitment to protecting your privacy, please review our, Heartland acquires dry van truckload carrier Smith Transport. 1981) ("The court is thus obligated to award simple interest at the statutory legal rate only in those circumstances in which the plaintiff proves that the defendant breached a promise to pay a definite sum of money, or render a performance the value of which is ascertainable with exactitude." 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You will speak with recruiters today. Gerdin said M&A activity began to pick up at the end of 2021 and that is when Heartland began discussions with Pennsylvania-based Smith Transport. Morgan, Lewis & Bockius LLPserved as transaction counsel andMcGuireWoodsserved as special counsel to Smith. About Smith TransportFounded in 1982,Smith Transport, Inc. is an asset-based truckload carrier headquartered in Roaring Spring, Pennsylvania, with terminal locations in Pennsylvania, Georgia, and Indiana. ATACS, 155 F.3d at 669. Choosing a selection results in a full page refresh. Theyre more than just words--to us, theyre a way of life. A gain of that size would be close to all of the companys net income for 2021, which came in at $79.3 million. Hussey Metals Div. The timing of the Smith Transport deal and the sale of the warehouse was coincidental, according to Strain. Vanalt Elec. Heartland earned $16.8 million in the first quarter, or 21 cents per share, up 25.3% from the first quarter of 2021. . The net cost to Plaintiff to replace the System is therefore $144,610.78. Learn more and apply here: TruckingTruth was founded by Brett Aquila (that's me! In Hussey, the plaintiff purchased for $387,000 a copper furnace that was subsequently plagued with consistent malfunctions, creating various replacement and service costs. LEXIS 8737, at ** 15-16 (E.D. Id. Email Updates When New Articles Are Posted. Gulf Coast port activity is boosting rates, though. We turn down thousands of loads every week. Document No. At age eighteen, he began his long-haul career in trucking as an Independent Contractor. Heartland Express Inc. is an irregular route truckload carrier that focuses on medium to short haul regional freight. ATACS, 155 F.3d at 669 (citation omitted). . Becoming A Truck Driver is a dream we've all pondered at some point in our lives. The Roaring Spring property was acquired from its owners in a separate transaction for $14 million in cash. Generally, the law of contracts expresses a preference for expectation damages. This incentive is payable on total number of hours worked in the previous 30-day payroll period up to $500 maximum per month or $2.00 per hour. Your email address will not be published. England customer information may have been compromised in October data breach. Youll be able to earn more money in the monthly bonus program. After completing the CAPTCHA below, you will immediately regain access to the site again. The company has grown from operating five tractors to nearly 1000 units. 3:06-160 (W.D. Frank B. Bozzo, Inc. v. Elec. This amount represents the damages necessary to give Plaintiff what it bargained for: a fully functioning truck wash financed at a cost of $265,985.28. Document No. Gerdin said Heartland still has more freight than we can haul. Ref. Make your practice more effective and efficient with Casetexts legal research suite. Cf. Such damages are typically measured "by the losses caused and gains prevented by defendant's breach, to the extent they are in excess of any savings made possible by nonperformance." North Liberty, Iowa-based Heartland reported in a news release that it had acquired 100% of the equity of Smith and related companies for a cash-free, debt-free enterprise value of about $170 million. Heartland, in a Securities and Exchange Commission filing on the sale, said it netted a pretax gain on the sale of about $73 million. Id. Document No. We specialize in transporting fresh meat, temperature controlled vaccines, produce, packaged candy products, non-perishable and manufactured goods over varying lengths of hauls. . With the ability to pay cash and invest in our headquarters, and the desire for Smith to remain an independent brand operated by the same people, the choice was clear. (citing Marazzo v. Scranton Nehi Bottling Co., Inc., 263 A.2d 336, 337 (Pa. 1970))). In certain cases, however, where "recovery based on traditional notions of expectation damages is clouded because of the uncertainty in measuring the loss in value to the aggrieved contracting party," reliance damages can return the parties to the positions they enjoyed prior to contracting. (quoting Krain Outdoor Displays, Inc. v. Tenn. Cont'l Corp., No. The purchase agreement contains customary terms and conditions. Have at least 1 - Year Recent OTR Experience. Plaintiff's Complaint, filed on July 20, 2006, stated claims for breach of contract, unjust enrichment, fraudulent inducement, and breach of various warranties stemming from agreements between the Parties concerning the purchase of a vehicle washing system. ButcherJoseph is headquartered in St. Louis with a presence in Washington, DC and offices in Chicago, Charlotte, Scottsdale, and Nashville. In 1977 Joe passed away, just a year before Smith Trucking obtained its own authority and began hauling boxed meat and general commodities in 48 states. at 7-8. ButcherJoseph & Co. 27), Heartland Express (No. Smiths customer base includes many Fortune 500 companies including expedited transportation integrators, retailers, beverage manufacturers, and home supply companies, several of whom have been customers for over 20 years. Id. Document No. (citations omitted)). In the announcement of the Smith Transport deal, Heartland said the company had approximately 850 tractors and 2,000 dry van trailers. The calculation of damages in this case is not clouded by any great degree of uncertainty. Heartland acquired 100% of the equity of Smith and related companies for a cash-free, debt-free enterprise value of approximately $170 million. Smith was an S corporation for tax purposes, and the transaction included an election under Section 338(h)(10) of the Internal Revenue Code, resulting in tax deduction benefits over periods of one to fifteen years. served as merger and acquisition transaction and legal advisor to Heartland, whileUtz & Lattan, LLCserved as Heartlands special ESOP counsel. Niagara reported that the System contained $11,700.00 in reusable parts and proposed the installation of a replacement truck wash that would perform at the original specifications at a cost of $156,310.78. Use left/right arrows to navigate the slideshow or swipe left/right if using a mobile device. Smith contends that the value of TBW's performance was set by the contract price of $229,861.00 and cites the legal interest rate of 6% set forth in 41 PA. C.S. Joe Smith started Smith Trucking in 1946 when he began hauling grain and livestock, and doing corn shelling for local farmers. The burden to make this showing, however, remains Plaintiff's, and Smith has presented no argument on this point. One research institute is looking for the answer that question. 10, p. 7. Your benefits (Life/Accidental Death & Dismemberment Insurance, Short Term Disability, Medical/Prescription, Dental & Vision) will become effective the first of the month following your 90th day of employment. Seriously! DISCUSSION Under Pennsylvania law, prejudgment interest may be awarded as a matter of right or a matter of, Full title:SMITH TRANSPORT, INC., Plaintiff, v. TRUCK AND BUS WASH, INC., t/d/b/a, Court:United States District Court, W.D. 97-6331, 2001 U.S. Dist. The Smith companies will continue to operate from Roaring Spring under the leadership of Todd Smith, president, with ongoing support from founder Barry Smith. a basis for the assessment of damages." Smith first calculates its expectation interest, or, in other words, its interest in having the benefit of the agreement with Defendant. It is therefore reasonably certain that during the nineteen-month period from July 2005 to January 2007, Smith accrued approximately $88,736.08 in expenses with Blue Beacon. However, that quote apparently does not include the $11,700 worth of equipment that Niagara proposes to salvage from the truck wash that Defendant installed. **Please note: We do not offer additional coverage.**. Comment *document.getElementById("comment").setAttribute( "id", "a8a192acc9a55e4dc95a1d2f60f2ea6b" );document.getElementById("c6ae5b620f").setAttribute( "id", "comment" ); Save my name, email, and website in this browser for the next time I comment. Smith continues to make these monthly payments. Load posts on DAT MembersEdge have tumbled, freeing up trucks and depressing spot rates. Smith operates a fleet of approximately 850 company tractors, with an average age of less than three years, and approximately 2,000 dry van trailers. We wanted somebody with decent size, he said. Mass. He was awarded the International Association of Energy Economics Award for Excellence in Written Journalism in 2015. Contact us today to find out more about our nationally-trusted transportation and logistics company. The court could not consider plaintiff's damages, which a jury had calculated to be $316,000, to represent a definite sum upon which interest could be calculated, in part because, "[w]hile the furnace unquestionably did not conform to the contract (as the jury so found), its use was without doubt of considerable benefit to plaintiff." The buyer of the California property was Realterm, a Maryland-based company that describes itself as an independent global investment manager focused on the transportation industry., An article in Commercial Observer, which covers commercial real estate in large cities, described the terminal sold by Heartland in Rancho Cucamonga as a rare asset trucking facility and quoted a broker involved in the deal as saying the property is irreplaceable with Class A improvements. The Third Circuit has set out four factors to guide this discretion: "(1) whether the claimant has been less than diligent in prosecuting the action; (2) whether the defendant has been unjustly enriched; (3) whether an award would be compensatory; and (4) whether countervailing equitable considerations militate against a surcharge." Musselman also confirmed that between July 2005 and December 2006, the period during which the System should have been fully functioning, Smith has spent an average of $4,670.32 per month sending tractor-trailers to Blue Beacon for washing. You can join Smith Transport as a Southeast, Northeast, Midwest, Single or Team driver. Am. Our fleet is comprised of Kenworth and Freightliner, including 125 tractors and 150 refrigerated trailers. No Chargeable Accidents/Incidents - $.50/hour, Life Insurance (including Accidental Death & Dismemberment), Full-time students can be covered up to age 25 for the Medical & Vision plans and up to age 23 for the Dental plans - with proof of full-time enrollment in a high school, trade school or college, Dependents ages 19-26 can be covered under the medical/prescription plan if they do not have coverage available through an employer - with Dependent Employment Verification Form completed. Smith does not allow anyone to ride along. Document No. But in the telephone call with FreightWaves, Gerdin and CFO Chris Strain said the cash outlay from Heartland was about $155 million, with the $170 million enterprise value put on Smith Transport being a function of both debt and cash Smith held as well as a separate real estate transaction valued at $14 million. Vanalt Electrical Constr. Document No. Publicly traded Heartland Express has bought dry van truckload carrier Smith Transport Inc. and related entities. Litigants under Pennsylvania law need only provide evidence that establishes "with a fair degree of probability . Id. We, the employees of Smith Transport, are totally committed not only to meeting but exceeding customer requirements. After considering the presentation made at that hearing, as well as Plaintiff's memorandum of law regarding damages (Document No. The total damages to which Plaintiff is entitled is therefore $286,423.64. Home Daily, Must live within 25 miles of Chicago, IL. Document No. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Co. v. Johnston Harder, Inc., 22 A.2d 709, 714 (Pa. 1941). a (1981) ("Contract damages are ordinarily based on the injured party's expectation interest. Your email address will not be published. Pa. Dec. 15, 2005) (refusing to award discretionary prejudgment interest where no argument was made in its favor); Montgomery County v. Microvote Corp., No. $16.00/hour (Paid in 15 minute increments after 1 hours; $84.00 maximum). ), Better pay along doesnt retain drivers, Heartland finds, Highly profitable Heartland draws concerns about its revenue from Barclays, C.R. 10, p. 9-10. He covered metals before joining Platts and then spent a year running Platts metals business as well. As the evidence demonstrates, those losses include money spent covering the System's inability to achieve the contract specifications. Our amazing customer base consists of the worlds largest retailers, e-commerce giants, and our local manufacturing plants. About Heartland ExpressHeartland Express, Inc. is an irregular route truckload carrier based in North Liberty, Iowa, serving customers with shipping lanes throughout the United States. Reliance interest seeks "to achieve the position that [Smith] would have obtained had the contract never been made." Whether youre seeking truckload, flatbed, or warehousing solutions, we can help. England (No. | Source: At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start. Because of this additional cost and the need for further financing, Smith has not procured the additional truck wash. Having obtained a default judgment, Plaintiff now seeks damages under several different theories. Plaintiff employed additional wash-bay attendants, paid for trucks to be washed at Blue Beacon Truck Wash (hereinafter "Blue Beacon"), a third-party washing service, and hired another third party, Niagara National Corporation (hereinafter "Niagara"), to inspect and evaluate the System. The only difference between calculations is whether the Court should add to that amount the cost of Niagara's replacement washer or the amount of Smith's financing agreement with Siemens. Smith primarily provides dry van transportation and other specialized services in the eastern United States. All Rights Reserved. Warehousing space now approaches 2,000,000 square feet. With the sale and the leaseback, Commercial Observer put the value of the deal at $95.5 million. [["State","Hiring"],["US-IL",1],["US-WI",1],["US-IN",1],["US-MI",1],["US-OH",1],["US-KY",1],["US-TN",1],["US-GA",1],["US-NC",1],["US-SC",1],["US-VA",1],["US-WV",1],["US-RI",1],["US-MD",1],["US-NY",1],["US-NY",1],["US-MA",1],["US-ME",1],["US-NH",1],["US-DE",1]], [["State","Hiring"],["US-IL",1],["US-WI",1],["US-IN",1],["US-MI",1],["US-OH",1],["US-KY",1],["US-TN",1],["US-GA",1],["US-NC",1],["US-SC",1],["US-VA",1],["US-WV",1],["US-RI",1],["US-MD",1],["US-NY",1],["US-NY",1],["US-MA",1],["US-ME",1],["US-NH",1],["US-DE",1],["US-TX",1],["US-OK",1],["US-MO",1],["US-IA",1],["US-LA",1],["US-MS",1],["US-ALFL",1],["US-VT",1],["US-NH",1]]. LEXIS 21740, at *12 (E.D. All Rights Reserved. According to a financing agreement with Siemens Financial Services, Inc. (hereinafter "Siemens"), Smith was to pay $7,3873.73 per month for thirty-six months, a total of $265,985.28. Defendant, whose only participation in this matter has been to waive service (Document No. This was the beginning of the transportation element of the business. Barry Smith, Smiths Founder and Chairman Emeritus, added, Building Smith Transport has been my lifes work, and I could not have found a better home than Heartland for the Smith family. Air Filter Co. v. McNichol, 527 F.2d 1297, 199 (3d Cir. Moore & Van Allen PLLCserved as counsel to the ESOP trustee. Prior to May 13, 2005, Smith washed its tractor-trailers at an on-site truck wash using six wash-bay attendants. We had long thought Heartland was a great fit because of their regional presence, respect for professional drivers, and unsurpassed customer service that mirrors our own philosophies. 9-10. 964, 968-69 (W.D. 10, p. 9 (quoting Restatement of Contracts 337(a)). Subscribe Now, Download the FreightWaves app for unlimited access to news and insights (Android & iOS Available), Copyright 2022, All Rights Reserved, FreightWaves, Inc, FreightWaves needs the contact information you provide to us to contact you about our products and services. This position is only available in the PA and WV areas at this time. Around that time, a representative of TBW initiated negotiations for the sale of an independent truck-washing system, the TBW 5399 Horizon Combo Brush and High-Pressure Vehicle Washing System (hereinafter "the System"), which Defendant represented would reduce Smith's truck-washing costs in several respects. Home Daily, Must live within 30 miles of Delmar, NY. The Court multiplies this average by eighteen, representing the time between August 2005 through the entry of judgment on January 30, 2007. 201 to 300 miles $.05 additional pay per mile. Legal spouse - If your spouse works (regardless of the amount of hours) and coverage is offered by the employer (regardless of the type or price of the coverage) they cannot be on the Medical/Prescription plan. While operating his own unit, Mr. Smith also managed a fleet of five trucks for his father. However, the full contract price is an inadequate measure of the value of partial performance. Pa. Aug. 12, 1986))). John has an almost 40-year career covering commodities, most of the time at S&P Global Platts. Our Story. It also reported operating revenue of $151.3 million and operating income of $22.4 million, a 22.5% increase from 2021. As you were browsing something about your browser made us think you were a bot. You may unsubscribe from these communications at any time. 10, pp. You've disabled cookies in your web browser. The issue now before the Court is the amount of damages to which Plaintiff is entitled. 101- 200 miles $.12 additional pay per mile. Document No. Because there is no indication that TBW's breach prevented any gains, the remaining issue is whether the Court should also award Plaintiff prejudgment interest. Plaintiff's total purchase price was $229,861.00. The Court therefore finds that any award of prejudgment interest would be inappropriate. Serving the global freight industry with the fastest and most comprehensive news insights and market data on the planet. These guys put up $200 million in gross revenue last year..
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