On Wednesday, Agricultural Logistics LLC filed a complaint in the Eastern District of New York against Survival Transportation Inc. and Hector Wency Segarra Rivera for allegedly destroying thousands of plants due to mishandling during an interstate transportation contract.
According to the complaint, on July 7, 2021, the plaintiff and defendant entered into a Broker-Carrier Agreement where “Survival agreed to be liable for the full actual cost , for all loss, damage or liability resulting from their transportation of any property arranged for by Plaintiff.” Also, Survival agreed to pay the “full value” of any damages caused by their transportation services within 90 days of the claim. The next day, the complaint says, Survival agreed to transport eight hundred 8.5-inch bromeliad plants, one thousand two hundred 6-inch bromeliad plants, one thousand five hundred 4-inch bromeliad plants, and two thousand 2.5-inch bromeliad plants from Miami, Florida to Dix Hills, New York.
The plaintiff was allegedly told to keep the plants between 60-70 degrees, but the load confirmation said 50-60 degrees. The complaint cited Agricultral Logistics’ load confirmation, which states that “carriers will be solely responsible for the temperature of the trailer.” The driver set the temperature to 50 degrees without checking, the complaint said, and the plants all died by the time they reached their destination.
As a result, the plaintiff had to pay the seller $30,530. On July 22, the president of Survival, Hector Rivera, agreed to pay the claims. However, neither him nor their insurers agreed to reimburse Agricultural Logistics, leading to the lawsuit.
The plaintiffs are suing for violations of the Carmack Amendment, breach of contract, and breach of oral contract. Agricultural Logistics is seeking damages in the amount of $30,530, attorney’s fees and costs, and other relief.
The plaintiffs are represented by Lewis Johs Avallone Aviles LLP.
