Chattanooga-based U.S. Xpress Enterprises has filed a breach of contract lawsuit in Pennsylvania against the Florida-based Phoenix Freight for losing 3,503 boxes of diapers on 40 shrink-wrapped pallets on May 30.
In a lawsuit filed in the federal district court for Eastern Pennsylvania, U.S. Xpress is seeking restitution or the $24,121 refund paid to its client, Proctor & Gamble. The plaintiff says that the brokered contract required Phoenix to pay for any damage to the goods during delivery, including loss of control from theft.
The Chattanooga trucking giant claims the diapers never arrived at the distribution center because the driver lost the shipment when his truck was allegedly stolen in Levittown, Pa. When the stolen trailer was finally recovered, there were not as many diaper pallets.