Case Summary

Allegations

4 Points Logistics as the agent and broker for Lipsey Mountain Spring Water recruited drivers to haul and deliver loads of ice and water in the Hurricane Katrina emergency relief effort.  Under contracts between Lipsey and the State of Florida, Lipsey was to be paid $1,600 per truck per day for “drayage” on the shipment of ice and water plus $403 for the rental of refrigerated units per day per truck for shipments of ice.  4 Points promised drivers $60 an hour/24 hours per day, for detention.  After all loads were delivered, 4 Points limited detention to 10 hours per day per truck for a maximum in detention of $600. 

The Complaint brings claims for breach of contract against 4 Points Logistics.  Plaintiffs seek full payment of $60 per hour/24 hours per day.  The Complaint seeks recovery from Lipsey of the full amount in drayage and for rental of the refrigerated units, $2003 per day per truck for shipments of ice and $1,600 per day per truck for shipments of water, alleging that the drivers are intended third party beneficiaries of Lipsey’s contracts with the State of Florida.  The state of Florida is generally immune from suit and no effort has been made to make it a party to this litigation. 

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Court Documents

• Class Action Complaint
• 4 Points Order 07.12.07