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Monday, February 12, 2007

Allied Transport Bankruptcy Updeate

Guess while we're updating all of our favorite stories, we should post the latest happenings at Allied!
Allied Bankruptcy Report

Performance Transportation Services, Inc. Receives Court Approval on First-Day Motions in its Voluntary Chapter 11 Filing

This company is also known as PTS group. They own E&L Transport, Hadley, just to name a few. The following link goes to an article related to their Chapter 11 filing.
Performance Transportation Services, Inc. Receives Court Approval on First-Day Motions in its Voluntary Chapter 11 Filing

Received a call last week from someone from US Business Review on this very subject. Supposedly, PTS is emerging from bankruptcy. It looks like they have gotten to the point where they can control their destiny, so to speak, but I didn't see anything in this particular news story that says they are "definitively" out, and that the BK has been discharged. But perhaps I am missing something.

According to Wikipedia, this is the definition of "Debtor in Possession":

debtor in possession

A debtor in possession, in United States bankruptcy law, is a person who has filed a bankruptcy petition, but remains in possession of property upon which a creditor has a lien or similar security interest. Under certain circumstances, the debtor in possession may be able to keep the property by paying the creditor the fair market value, as opposed to the contract price. This is often the case where the property is a personal vehicle which has depreciated in value since the time of the purpose, and which the debtor needs in order to be able to find or continue employment to pay off his debts.

This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)

Cottrell Lawsuit Update

Madison County Record | Attorneys want records in unrelated case to keep class action moving


Too bad there wasn't a button on your computer: "No lawyers today, please." They're like a force of nature!

Tuesday, February 06, 2007

Depressing, sort of.

This is depressing. This week I was planning a trip, and the only Ford available at the particular airport I was flying into was a Taurus through Hertz rental. Since it cost about double what it should have been, I rented a Chrysler Something-or-other. I'd hoped to find someone with the new Mustang GT, because I wanted to try it out. I couldn't even find a Taurus or one of the new 500 (which is actually a pretty sweet ride).

Today, I got this in my email inbox from Light and Medium Truckmagazine:
GM, Ford Sales Drop; Toyota up 9.5%

General Motors Corp. said last Thursday its January U.S. auto sales dropped 16.6%, and Ford Motor Co. saw its sales drop 19%, with both citing lower sales to rental-car companies, The Associated Press reported.

But Toyota Motor Corp.'s sales rose 9.5% to again surpass Ford's monthly sales, while DaimlerChrysler AG's sales rose 3.2% compared with January 2006, also topping Ford's sales for the month, AP said. American Honda Motor Co.'s sales rose 2.5%.

GM's light truck sales were down 11.5% to 140,458, AP said. Toyota's truck sales rose 5% and Ford sold 110,035 light trucks, down 9.8%, AP said. L&MT

The real irony in all this? The purpose of my trip was to visit a new Toyota distribution facility.

Tuesday, January 09, 2007

Another sermon on safety!

After I got the press release from Boydstun, I decided to check out their new website. The thing that really caught my eye was the safety bulletin, which had some information on it that folks really need to pay attention to, especially if they're new to the auto transport business. The following are a few excerpts (plus my comments):

*WARNING* Exceeding 50 lbs. of force can result in significant property damage and serious injury. Under no circumstances should any driver ever apply more than 50 lbs of force to a tie down bar in order to secure a vehicle, nor should it ever be necessary to do so in order to properly secure a vehicle.

And here is another important warning:

*WARNING* Never push on the tie down bar—always pull. Pushing on the bar may cause you to fall or otherwise incur serious injury if you slip or if the chain or some other part of the tie down system breaks or comes unhooked while you are pushing.

To see Boydstun's complete safety bulletin on this issue, go here.

Here is something you really need to consider if you're a young guy getting started in your business-- carhauling is no path to "easy money". Auto transport has a pretty long learning curve, and it can be just as steep as the incline of one of those decks in a stack trailer. If you've chosen this industry as a career, learn everything you can, and respect the boundaries of the possible. Part of your work is to know when something can't be done safely. Sometimes, you just WON'T be able to make a load work, and you'll have to leave a car. I'm all for keeping customers happy, but if you injury yourself trying to crank down a car to make load height, or (God forbid) slip off the upper deck on a wet, rainy night, it's just not worth it. You've got to take this stuff seriously, because there could be really serious consequences if you don't. I'm glad that manufacturers like Cottrell and Boydstun are doing their part to design safer trailers, but safety is a shared responsibility. The dispatcher needs to be able to flex and adapt if a driver can't load a car safely. The driver needs to become an expert on his or her trailer. The maintenance department needs to do their part to anticipate a problem that might potentially cause an unsafe situation down the road. Ownership needs to be fully committed to safety and driver training. If you're an owner-operator all of these different aspects of the job yourself, you've still got to do them. (Ah, the joy of being in business for yourself!)
Well, that's the end of my sermon. You might want to check with your car hauler's manufacturer and see if there are any safety bulletins like this on the chain ratchets. And always remember: "Safety is no accident."

Friday, January 05, 2007

Boydstun Metal Works Names Bob McTernan Vice President


Portland, Or. – January 5, 2007 – Boydstun Metal Works recently announced that Bob McTernan has been named Vice President of the company. McTernan is responsible for all sales and marketing functions as well as operations at the company’s North American facilities. He reports to Rob Boydstun, President and CEO of Boydstun Metal Works.

“We are very pleased to announce the appointment of Bob McTernan to our executive staff at Boydstun,” said Rob Boydstun, President and CEO of Boydstun Metal Works. “Bob brings with him a very broad range of industry knowledge and will prove to be a great asset as we continue to grow our business in North America and provide our customers with the best auto hauling solutions available.”

McTernan is a 32-year trucking industry veteran, holding management positions in the heavy truck industry. Most recently McTernan held several management positions at Freightliner LLC including Director of Unimog North America. McTernan holds a Bachelor of Science degree in Business Administration and Marketing from Seton Hall University in South Orange, New Jersey.

“Auto hauling is a unique niche of the transportation industry and Boydstun has had great success over the years in bringing safer, more versatile and more productive vehicles to the auto transport business,” said McTernan. “I’m proud to be a part of the Boydstun team and look forward to working with our employees and customers while maintaining the hallmarks of our company: innovation, quality and customer service.”

Boydstun Metal Works is a privately-held company headquartered in Portland, Oregon with additional offices in Jacksonville, Florida. Boydstun is a leading manufacturer of auto transport equipment in the United States. In operation since 1987, Boydstun produces and markets high-quality, technically innovative auto transport equipment and services to fleet carriers as well as owner-operators across the United States.

Thursday, January 04, 2007

Integrity in Business

in·teg·ri·ty /ɪnˈtɛgrɪti/ Pronunciation Key - Show Spelled Pronunciation[in-teg-ri-tee] Pronunciation Key - Show IPA Pronunciation
–noun
1. adherence to moral and ethical principles; soundness of moral character; honesty.
2. the state of being whole, entire, or undiminished: to preserve the integrity of the empire.
3. a sound, unimpaired, or perfect condition: the integrity of a ship's hull.
[Origin: 1400–50; late ME integrite < L integritās. See integer, -ity]

—Synonyms 1. rectitude, probity, virtue. See honor.
—Antonyms 1. dishonesty.
Dictionary.com Unabridged (v 1.1)
Based on the Random House Unabridged Dictionary, © Random House, Inc. 2006.

Friday, December 22, 2006

Unusual Phone Call from a Paralegal

The other day, I received a phone call from a woman who asked me if I knew if Boydstun was still in business. I said, "Why sure, they're in business." She explained that she had looked for them on line and hadn't been able to find anything. I said, "That's odd, perhaps they're working on their web server and the site is down temporarily." I looked up the phone number for Boydstun, and it was right after that when she said, "Oh, I'm not buying anything. I'm just doing some research. I'm a paralegal."

"Oh great," I said, thinking of all the problems Cottrell has had with personal injury attorneys.
These auto transport trailer manufacturers aren't going to get any rest until they have a warning label on every moving part on these car haulers and all sharp edges are covered with ten inches of foam padding. Hey! While we're at it, let's turn the rest of America into a giant day-care center.

I did a reverse look-up of the phone number on caller ID and found that she was calling from a law firm that handles litigation in San Francisco, California. http://www.gibsonrobb.com/index.html

Hopefully Boydstun doesn't have to deal with a bunch of crazy lawsuits like Cottrell did. (Read some of the posts below to hear the updates to all that mess.)

Lawyers! Doesn't it sometimes seem like there are too many people going into this field? Don't we need more machinists or librarians or school teachers or truck drivers? We've got three lawyers in our family, two of whom working at the top firms in town. We hang out with so many lawyers, sometimes I feel like one might turn around and bite me (like in those vampire movies) and the next thing I know, I'll be applying to law school or something.

Still, if I go to Burger King and pour a cup of hot coffee on my head, I'll have plenty of legal counsel. But all those attorneys sitting around the Christmas dinner? That and the turkey will make you fall asleep faster than C-Span during a senatorial filibuster where they're reading the phonebook.

More Litigation over Car Hauler Tie-Downs

Found this on a personal injury attorney's website. (This is also a strong argument for forged J hooks and not those bent S hooks.)

Pamela Withey has had decades of trial experience. She has recovered tens of millions of dollars for her clients in hundreds of different factual situations. She has won verdicts, negotiated settlements and collected on these judgments when necessary. Below you will find a sampling of the type of work she has done.

David Davis v. Vulcan Chain, et al. [Defective Product]

In this action brought under the theory of Products Liability, the plaintiff was securing a vehicle to a car hauler when an S-hook broke and caused severe and permanent injuries. In the case against a major manufacture, Attorney Withey secured a settlement of $1,100,000.00, despite disputed liability. In addition, she also recovered workers' compensation benefits for this injured worker in excess of $547,000.00.

To read this all in context go here.

More Cottrell v. Brdar News.

Wendler still angling to sue Cottrell in Madison County
(Where this story came from.)

Thursday, December 21, 2006

By Steve Korris
The late Terrence Hopkins
If Fifth District Appellate Judge Terrence Hopkins had lived a little longer, he would have helped decide whether truck drivers can continue suing Georgia trailer maker Cottrell Inc., in Madison County.

Hopkins and two other Fifth District judges heard an appeal of a Madison County verdict in Brdar v. Cottrell, but Hopkins died before they reached a decision.

Cottrell attorney Daniel Nester of St. Louis told Circuit Judge Daniel Stack in a Dec. 11 brief that the appeal may have to be resubmitted.

He wrote, "This has been confirmed by the Clerk of the Fifth District."

Stack at a Nov. 29 hearing had postponed a decision in a Cottrell case after plaintiff attorney Brian Wendler told him a decision in Brdar was imminent.

Stack asked Cottrell to respond in a brief.

Nester responded that, "This conclusion allegedly was drawn from a conversation in the hall with a 'retired Fifth District judge.' This conclusion is mere speculation…"

He wrote that there was no indication Brdar would be decided soon. "In fact," he wrote, "circumstances indicate otherwise."

In the case before Stack, truck driver Gary Clark claims he suffered injuries while loading vehicles on Cottrell trailers.

Cottrell moved to dismiss on grounds of forum non conveniens, arguing that the injury occurred in Tennessee.

Stack granted the motion in September. He wrote that Tennessee law applied and a Tennessee court should hear the case.

On behalf of Clark, Wendler moved in October for reconsideration. He wrote that Stack committed an error and that further evidence had come to light.

Nester opposed reconsideration. He wrote, "Plaintiffs may disagree with the decision of the court, but that disagreement certainly is not an indication that your Honor erred in applying the law to the facts in this case."

At the Nov. 29 hearing Wendler made no headway with claims of error and new evidence, but he caught Stack's attention when he brought up the Brdar appeal.

Stack said putting it off for the Fifth District would take time.

Wendler said, "That is the risk my client is willing to take."

Cottrell attorney Dan Carpenter of St. Louis protested that Wendler had not raised the Brdar appeal in his motion.

Stack signed an order continuing the hearing, but not to await a decision in Brdar. He continued it so Cottrell could write a response on Brdar.

Nester responded in 12 days. He told Stack to stick with his September decision regardless of Brdar.

He wrote, "It just makes more sense for a court in Tennessee to apply Tennessee law."

He wrote, "Cottrell submits that dockets should not 'grind to a halt' depending on what an appellate court may or may not do at some uncertain point in time…"

Under Stack's Nov. 29 order Cottrell will reset the hearing on reconsideration.

Wednesday, December 20, 2006

Maryland Car Hauler Gets Purple Heart


To read the complete article,click on the link below.

Semper Fi-nally *38 years after the fact, a car hauler gets an award for his service as a marine in Vietnam.

Sunday, December 17, 2006

Must-See Condo Car Hauler







During a recent trip to Detroit, I had the pleasure of meeting Bob Anderson an owner operator for Reliable Carriers, headquarters in Canton, Michigan. Bob and his wife, Shirley, have been together for thirty-seven years, and she has been hauling cars for five years. Usually, they drive team, but on the day I met Bob, she was taking a breather while overseeing a house remodel. Bob says she expects to be on the road again soon.
Here is some more information about the truck: Bob had it custom built (sorry, don't remember who did the work!). That TV is a 32 inch plasma, and it goes with the home theater sound system. The bathroom has a shower, toilet and sink. If you wanted, you could probably cook a full Christmas dinner in the kitchen!
I hope you enjoy the pictures I took of Bob and Shirley's condo. It sure was an eye-opener for me! Unfortunately, I didn't get a chance to ask Bob more questions about the truck, because he was getting ready to go pick up a load of cars. For those of you wanting to know more details, this truck has been featured on other news publications, too, so a Google search might turn up more info.
By the way, if any of you are curious about Reliable Carriers, when I asked Bob how he liked the company, he said: "Best place I've ever worked for!" He has been hauling cars since 1984 and has been with Reliable for the past thirteen years. I don't know if Reliable is currently hiring, but most companies are always looking for experienced car haulers.

Friday, December 15, 2006

The best Christmas gift for car haulers!

www.towingsupply.us


If you are looking for a gift idea for your car hauler friends that have everything, why not give them a genuine "Floating Head of Money-Saving Martha" Autohauler Supply. Folks will really be impressed with your good business sense and high fashion sense.