Pipeline Company, Towing Service Embroiled in Lawsuit
A case of rightful ownership of a semi-tractor has sparked a lawsuit between a Tulsa-based pipeline company and a local towing service.
Midwest Directional, LLC, a pipeline drilling and road bore company owned by Alex Jordan, claims that Bulldog Towing is in wrongful possession of a semi-tractor worth $13,000. The lawsuit was filed May 28 in Seminole County District Court.
According to court documents, Midwest purchased a 2011 International semi-tractor from a Norman dealership on Feb. 25, 2020 for $13,000. Midwest says disruptions caused by the COVID-19 pandemic delayed the company in taking delivery of the truck and obtaining its Oklahoma certificate of title.
The filing document states that on or about May 25, 2020, Earl Smith, an independent driver, drove the semi and parked it in Seminole. The rig was not parked on Bulldog’s property, according to the plaintiff. The vehicle was awaiting administrative registration and title work before it could be placed into service and Midwest had paid Bulldog to haul the semi’s trailer to North Carolina.
Beginning in June 2020, all Midwest employees, including Jordan, were employed directly through Latex Construction and Jordan, while retaining his position as president of Midwest, hired Smith to that team.
According to court document, on August 5, 2020, Jordan sent Smith to get a hauling truck from a Latex yard in North Carolina. Smith allegedly called Jordan and said he had concerns with the load and would not drive the truck. Jordan said Smith also verbally resigned at that time.
Jordan sent another driver to get the truck and load, and the new driver did not experience any difficulties. Smith then attempted to reverse his resignation, but Jordan informed him that he had already quit. Smith allegedly threatened Jordan and Midwest over the phone in front of several witnesses by saying “good luck getting your [semi-tractor] back.”
The lawsuit alleges that Smith called Bulldog and told them that he had been terminated by Jordan and directed them to take the semi-tractor to their lot in Seminole. The plaintiff says Smith did not have authority to give Bulldog any such direction.
According to the filing document, Midwest has unsuccessfully attempted to reobtain possession of the semi-tractor. On April 7, 2021, Bulldog issued a response denying Midwest’s demands, saying the semi-tractor was now in their name. Midwest claims Bulldog failed to provide adequate notice of their intention to foreclose on the semi-tractor as required by law. Midwest is also concerned that Bulldog will attempt to conceal, damage or destroy the semi-tractor, according to the documents.
Midwest is seeking immediate return of the semi-tractor, or monetary damages in excess of $13,000, plus treble damages, reasonable attorney’s fees, and costs and interest.