Legal Question in Civil Litigation in Pennsylvania

Small claims case

I contacted a trucking broker that is located in Texas to find a carrier to move a machine from NY to PA. The carrier did $2100 worth of damage by removing the machine and then not securing it when placing the machine back in the truck. The carrier claims the machine was damaged when originally loaded, and that the machine was never removed after they took custody. The driver admitted to me that the machine was removed and reloaded, and the damage occurred because it had not been blocked in to prevent sliding. The broker provided me with the trucking company�s insurance information to file a claim. The insurance company told me the claim didn�t meet the deductible and I would have to settle directly with the carrier.

The carrier denies any damage was done and if there was damage, I would have to go after the broker in Texas. The broker provided me with a copy of his contract with the carrier which clearly states that the carrier is responsible for any damage.

My question is:

Can I sue the carrier (located in NJ) in small claims court or must I go after the broker (in TX)?

Thanks,

Bill


Asked on 4/25/08, 6:34 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Small claims case

You may be able to sue in PA if you were in the state when the contract was formed or if the damage might have occurred there.You probably should be going after both. I offer free initial consultations.

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Answered on 4/25/08, 7:17 pm


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