Third party logistics provider Kane Is Able says Volvo breached its warranties and the 3PL is entitled to compensation for the truck that caught fire and six remaining CNG vehicles.
Kane Freight Lines, an affiliate of the third party logistics provider Kane is Able, has filed a lawsuit after a Volvo truck powered with compressed natural gas (CNG), caught fire earlier this year.
In a lawsuit filed in U.S. District Court for the Middle District of Pennsylvania against Volvo, Cummins Westport, and Agility Fuel Systems by Kane and its insurers, the trucking company says it purchased seven tractors through a Volvo dealer in Wilkes Barre, Pa. that were delivered to it on July 22, 2014.
Kane said Cummins Westport manufactured the compressed natural gas engine, and Agility Fuel Systems manufactured and installed the compressed natural gas tanks and fuel delivery systems.
Avery Vise, manager of public relations for Volvo Trucks said of the suit, “We
believe the claims against Volvo are without merit. The vehicle involved
in the January 2, 2015 incident was equipped with an engine not
manufactured by Volvo. In addition, the fuel tanks were neither
manufactured nor installed by Volvo.”
Jon Mills, director of external affairs at Cummins Westport, said his company “confirmed that the engine and all related systems were operating normally and reliably, and were not contributing factors. Cummins Westport and both parent companies continue to be committed to providing the highest quality products and services to our customers.”
Kane’s purchase of the trucks and their environmental benefits were publicized in a program on local television, that also talked about the boom in natural gas production in Pennsylvania.
One of the trucks caught fire on Interstate 81 on Jan. 2, 2015. Kane said the fire and subsequent explosion were caught on video by a passerby and forwarded to the 3PL.
In addition to Volvo and Agility Fuel Systems, the lawsuit also names Cummins Westport, the manufacturer of the compressed natural gas engine.
According to Kane, the truck had been driven only 3,000 miles before it caught fire during the course of an ordinary customer run.
Kane said Volvo has refused to pay for or replace the tractor, the damaged trailer, cargo and related costs.
Kane alleges the fire was “caused by intense heat emanating from the exhaust system of the tractor, which ignited paint, fiberglass and/or other combustibles in the vicinity of the exhaust system.” It said the defendants were aware of the problem, but failed to correct it because of inadequate design or installation of exhaust sensors and insulation.
Calling the trucks “unreasonably dangerous,” Kane has refused to use operate the remaining six CNG-powered trucks, saying “Volvo has failed to satisfactorily warrant the safety of these remaining tractors.”
Kane claims Volvo breached its warranties and, therefore, the company entitled to compensation for the truck that caught fire and other costs, including the value of the remaining six vehicles, which it has not used since the fire. It says it is also entitled to compensatory and exemplary damages.
Kane is also alleging “spoliation of evidence,” saying representatives of Volvo, Cummins and/or Agility entered Kane’s premises and “intentionally modified, altered and/or recalibrated the sensors in an effort to conceal problems” that could connect its undamaged trucks that could connect them to a Volvo recall in 2013 of earlier CNG models.
“Volvo thoroughly investigated this incident in conjunction with the engine and tank manufacturers, keeping both the customer and NHTSA fully updated throughout,” said Vise. “Volvo provided the customer with rental units at our cost to support their operations while the investigation was pending.
“After extensive investigation, we were unable to identify any defect in the design, materials, or manufacturing in any of the components installed by Volvo. Our testing found no support for the cause of the fire suggested by Kane,” he added.
“The recall mentioned in the complaint was not a Volvo vehicle recall, but rather a February 2014 Cummins engine recall, which affected multiple vehicle OEMs. After inspecting the remaining Kane trucks, Cummins assured Volvo and Kane that the engines were not part of that recall and had, in fact, been manufactured with the corrective measures implemented by Cummins as a result of the recall. Cummins could give you more information on that subject.
“Safety is a core value for Volvo, and we worked closely with our supplier partners to thoroughly examine the vehicles Kane decided to park – this investigation convinced us that the vehicles should be returned to service.”
Kane sues Volvo after natural gas-powered truck catches fire
