Navistar to pay $ 30 million in damages to fleet after Tennessee Supreme Court ruling
Monday August 9, 2021 Trucking News and Briefs:
Tenn. Supreme Court rules Navistar owes no damage to its fleet on MaxxForce engines
Navistar will not be ordered to pay $ 30.8 million in damages to Tennessee-based Milan Express (CCJ Top 250, no.159) after a state high court decision upheld an appellate court’s decision to overturn a lower court’s decision.
In August 2017, Navistar was ordered to pay nearly $ 31 million to Milan, which purchased 243 International ProStar tractors with MaxxForce engines in 2011 and 2012 and alleged that Navistar knew its MaxxForce engines had flaws but when even put on the market. The jury awarded the carrier $ 10.8 million in actual damages and $ 20 million in punitive damages for the carrier’s problems with the engines.
However, in August 2019, an appeals court dismissed that decision based on its interpretation of Tennessee’s economic loss doctrine.
On August 2, the Tennessee Supreme Court sided with the appeals court decision, but for different reasons.
“The Court refused to adopt a broad exception to the economic loss doctrine and instead concluded that where a fraud claim is directed only to the recovery of economic loss and is based solely on alleged misrepresentation or non-disclosure regarding the quality of the goods contracted between sophisticated commercial parties, the doctrine of economic loss applies, ”said the Court in its opinion. “The court concluded that the quality and reliability of the trucks were issues that the parties could, and did, enter into. The application of the doctrine of economic loss in these circumstances is consistent with its historical foundations and its central purpose of preserving the boundary between tort law and contract law.
The Tennessee Supreme Court also ruled that the Tennessee Consumer Protection Act (TCPA) did not apply to commercial transactions, noting that trucks sold in Milan were not “goods” within the meaning of the TCPA.
“Therefore, the Court overturned the award by the first instance court of attorney fees and costs in Milan against Navistar on the basis of the TCPA,” added the opinion.
New T680 obtains EPA SmartWay designation
Kenworth’s T680 Next Generation model has received a SmartWay designation from the U.S. Environmental Protection Agency (EPA), the company announced Thursday (August 5th).
The EPA SmartWay Transport Partnership is a collaboration between the EPA and the trucking industry designed to improve fuel efficiency and reduce emissions. To receive the EPA SmartWay designation, tractors must offer a full aerodynamic package, including integrated roof fairings, chassis fairings, cab / sleeper side extensions, aero bumpers and mirrors, low resistance tires rolling and idle reduction functions.
“We are proud that the Kenworth T680 Next Generation – our most aerodynamic truck to date – has achieved the EPA SmartWay designation,” said Joe Adams, Kenworth chief engineer.
During the design process, Kenworth performed aerodynamic simulations to develop each individual component of the T680 Next Gen as part of the total system and verified the results in wind tunnel tests. Kenworth focused on keeping the airflow closer to the cabin and reducing turbulence. The improved bumper profile directs air under the chassis and past the wheel openings. The hood is eight inches narrower than before, allowing the T680 Next Gen to cut through the air.
Combined with specific optional upgrades, such as tandem drive axle fairings and 28-inch side extensions behind the cab, these design features deliver up to 6% fuel economy on a T680 Next Gen with a 76-inch sleeper and a 2021-13 PACCAR MX EPA on a comparable spec T680 with the 2017 PACCAR MX-13 EPA engine, according to Adams.
Cargo theft recording company warns of potential theft ring in eastern Tennessee
A 53-foot tractor and trailer were stolen from a truck stop in Meadowview, Va., On Aug. 3, while left unattended during a DOT break, according to a risk alert from the Registry Company of Sensitech cargo theft.
The tractor was located later that night in Kingsport, Tennessee, but there was no sign of the trailer until the Sensitech GPS device built into the trailer provided an updated location in Knoxville, Tennessee.
Through coordinated efforts with the Knox County Sheriff’s Office and the Sensitech Emergency Response Team, the stolen trailer was found at a local truck stop, resulting in the cargo being successfully recovered, which had a high product and resale value, Sensitech said.
The company believes the theft was committed by an organized criminal group. Sensitech said the criminals target the unattended charges, then unhitch the trailer and abandon the tractor. A second stolen tractor is used to transport the stolen trailer once unhooked.
Criminals then paint all logos and ID numbers on the trailer, which is then staged in an inconspicuous location pending potential recovery responses facilitated by tracking devices.
Sensitech said this particular criminal group was operating in an area of at least 144 miles around the scene of the theft.
Peterbilt switches its electric 579 to direct current
Peterbilt Motors Company recently introduced its 579EV zero-emission battery electric model to senior government agency officials and members of Congress in Washington DC
The visit began with US Secretary of Energy Jennifer Granholm announcing $ 60 million in funding for 24 research and development projects that include projects directly related to reducing emissions through the battery and electrification technologies used. in the transport industry. US Secretary of Commerce Gina Raimondo then took the Model 579EV around the Capitol in a video with Energy Secretary Granholm and White House National Climate Advisor Gina McCarthy.
The next day, the battery-electric model 579EV was on display at the Peace Monument, just in front of the steps leading to the Capitol building.
Several members of Congress stopped during the day, including Texas Senator Ted Cruz and Delaware Senator Tom Carper, chairman of the Senate Committee on the Environment and Public Works.
“Seeing a Peterbilt 579EV model driving around the Nation’s Capital is a testament to our commitment to emission-free progress, and we have been honored to share our message with key government agency officials and members of Congress,” said Jason Skoog Peterbilt , Managing Director and PACCAR. vice-president.
Peterbilt’s electric line includes the 579EV, 520EV and 220EV models for local pickup and delivery, dotting, regional short haul and waste applications.
Peterbilt also offers a full line of battery recharging products and infrastructure services to customers using electric batteries. With Paccar Parts, customers can get a comprehensive assessment of their power grid and charging infrastructure needs. This assessment is performed prior to the battery charger purchasing process to ensure smooth maintenance of these advanced technology vehicles.
The Peterbilt 579EV used in the Washington DC visit is part of a California Air Resources Board (CARB) and South Coast Air Quality Management District (SCAQMD) Greenhouse Gas Reduction Fund Zero Emission Dutch Truck Demonstration Project, funded by California Climate Investments, a state-wide initiative that devotes billions of dollars in cap and trade to reducing greenhouse gas emissions, strengthening the economy and improving the public health and the environment, especially in disadvantaged communities.