A Louisiana company has filed a lawsuit against the manufacturer of a dump trailer which malfunctioned two months into use.

Creel Brothers Inc. filed suit against Globe Trailer Manufacturing Inc. on Feb. 7, 2011 in Washington Parish District Court. The defendant removed the case to federal court in New Orleans on March 3.

According to the complaint, Creel Brothers purchased four dump trailers from Globe Trailer between November and December 2010. The company was attempting to dump a load of paper mill by-product on Jan. 5, 2011 when one of the trailer's rear hinge point pivot pin rod's failed or broke causing the lifted trailer to fall and overturn the trailer and the Creel Brothers' Peterbilt tractor.

Creel Brothers states a design defect in the manufacturing caused the incident and rendered the trailer useless as a dump truck.

The defendant was notified of the defect but allegedly did not comply with the request to fix the hinges on the trailers.

The plaintiff is asking for an award of damage to the trailer and Peterbilt tractor, costs to repair the Peterbilt tractor, damage for the loss of use and preservation expenses, attorney's fees and interest.

The plaintiff is also asking for the return of the purchase price for the defective trailers.

Creel Brothers is represented by David K. Nelson and Casey E. Faucon of Kean Miller Hawthorne D'Armond McCowan & Jarman in Baton Rouge.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:11-cv-00512

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