Jim Palmer Trucking Lawsuit Filed
Truckers Logic covered a story a few months ago about Wil-Trans purchasing Jim Palmer Trucking back in early April 2014. Now, one partner of Jim Palmer Trucking is suing his business partner and Wil-Trans over ownership of the trucking company.
Milan Kangrga filed a lawsuit in Missoula County District Court, alleging that defendants Blazo Gjorev and Transportation Logistics Corp. International, doing business as Wil-Trans, committed breach of contract, breach of implied covenant of good faith and fair dealing, interference with contractual or business relations, civil conspiracy, conversion, unjust enrichment and actual malice.
Kangrga is seeking a jury trial and to have the sale of Jim Palmer Trucking to Wil-Trans declared void. He is also seeking punitive damages and voting rights of all shares and member interests in Jim Palmer.
In his complaint, Kangrga alleges that as of April 26, 2011, he and Blazo Gjorev were each 50 percent owners of Jim Palmer. On that day, he and Blazo entered into a written agreement for Blazo to purchase Kangrga’s ownership interest for $1 million, to be paid through an initial deposit and monthly installments. According to the purchase agreement, Kangrga alleges he was entitled to exercise the voting rights of all shares and member interests in Jim Palmer if Gjorev defaulted on the agreement.
Kangrga alleges that Gjorev defaulted on his payment agreement and still owes $595,000. Kangrga also alleges that Gjorev sold 50 used trucks and 180 used trailers without his knowledge, then sold Jim Palmer to Wil-Trans on March 31 without his knowledge. The lawsuit states Kangrga has not received the proceeds from the purported sales.
“Wil Trans” purported purchase of the Jim Palmer entities from Blazo was unlawful in that Blazo and Wil-Trans knew, or should have known, that such purchase could not be made without the agreement and consent of Plaintiff,” Kangrga’s lawyer wrote in the lawsuit.
Darrell Wilson is listed as president of Transportation Equipment and CEO of Wil-Trans, but the defendants claim that “Wil-Trans is an independent corporation that has no parent corporation or publicly held corporation that owns 10 percent or more of its stock.” The defendants included a copy of an asset purchase agreement between Transportation Equipment and Gjorev as an exhibit.
In his lawsuit, Kangrga’s lawyer included a copy of the Missoulian article as an exhibit to support their allegations.
Responding to the lawsuit, Wil-Trans and Transportation Equipment call the article “hearsay.”
“The Plaintiff was informed that Wil-Trans is not a proper party to this action,” the defendants’ lawyers wrote. “Rather than conducting a good faith investigation into that assertion, as in asking for a copy of the purchase agreement, Plaintiff relied on a story in the Missoulian to pursue this action. Good faith investigation requires more than reliance on a hearsay in the local newspaper, and Wil-Trans should not have been required to either answer this matter or file this motion. Therefore, Wil-Trans should be awarded its attorney fees and costs in doing so.”
The defendants have denied the accusations and have asked that the case be dismissed.
Lawyers for the defendants argue that a company called Transportation Equipment Corp. bought Jim Palmer.
“Wil-Trans has never purchased or owned any portion of the Jim Palmer entities,” the defendants’ motion to dismiss states.
The case is pending in Missoula County District Court.
Source: Missoulian.Com
