ST. LOUIS — St. Louis companies are suing a railroad company, citing alleged breach of contract.
Foresight Coal Sales LLC, Sugar Camp Energy LLC and Williamson Energy LLC filed a complaint in the St. Louis 22nd Judicial Circuit Court against CSX Transportation Inc., alleging the defendant failed its duty to provide timely rail transportation services as agreed in the contract.
According to the complaint, the plaintiffs allege they reached an agreement with the defendant to provide rail transportation services from companies that purchased coal under Foresight. The defendant's timely performance was an essential part for the delivery of coal, but the plaintiffs claim that approved and agreed-upon deliveries were not completed by the defendant despite having access and knowledge of confirmation orders and accepted through its web-based reservation system.
As a result, the plaintiffs were forced to delay or cancel at least 160 trains, incurred significant costs in managing, restocking and storing coal reserves to meet the requirements under their agreements with the purchasers.
The plaintiffs hold CSX Transportation responsible because the defendant allegedly failed to provide adequate crews and engines, failed to anticipate and take necessary actions for scheduled trains and failed to take required steps to ensure it met the approved deliveries.
The plaintiffs request a trial by jury and seek judgment on all claims in the amount to be determined at trial, costs, attorneys' fees and all other relief to which plaintiffs are entitled. They are represented by Juliane M. Rodriguez of Greensfelder, Henker & Gale PC in St. Louis and Jason T. Ams of Bingham Greenebaum Doll LLP in Lexington, Kentucky.
St. Louis 22nd Judicial Circuit Court case number 1722-CC10895