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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am a milk hauler pickup on farm deliver to plant.On Saterday

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I am a milk hauler pickup on farm deliver to plant.On Saterday March 23,2013 a farm had warm milk of 56 deg which state law requires it to be 50 or lower. I had the driver call the plant to get permission. They had two supervisors tell him to load it, I have the times that the calls that were made are documented. When it was delivered to the plant they said the acid was 21%, which you would be able to smell. We disposed of the Milk. Pulled a extra sample and took it to another lab on Monday which tested 14% which is excellent. Four months later they want me to pay for it which is $8419.00 which I do not fill is my responsibility after we called them to get the ok.

Thank you for your question.

From what I understand, you reported the potential problem to the plant regarding the milk before you delivered it. Once you delivered it, the plant tested it and found a 21% acid rating. Thus, based on this, you disposed of the milk. After that, you tested the milk again and found only a 14% rating, within the acceptable limits.

Now the plant is asking for you to reimburse the cost of the disposed milk. Is that a fair summary?

I have a few more questions:

1. Who is your employer?

2. Did a supervisor instruct you to dispose of the milk once you reached the plant?

3. Who performed the test which showed a 21% acid rating?

4. What is your explanation of why the acid rating on monday was reduced?
Customer: replied 4 years ago.

I'm a contract hauler through Northwest Food Products LLC.. It was a driver of mine. Load was rejected at plant, which then needs to be disposed of. The lab at Foremost Farms, Marshfield, WI where the milk was delivered. I do not believe the acid was that high in the first place. Milk at 56 degrees will not spoil in a 8 hour period. They just did not want to cool it down. I met with NFPT this morning, he informed me that Foremost Supervisor did not tell him to load the milk. They are saying they figured it was already on the truck when the driver called. Which it was not. Once the milk is on the truck

it is our responsibilty. That is why I had the driver call the plant. Which now they are saying we did not go through proper channels.

Thanks for clearing that up.

It seems that they are trying to, after the fact, force liability for the haul on you because it was on your truck. The only way they can do this is by lying about instructing your driver to load the truck despite the high temperature.

There are two issues here that I see. The first is the fact that they wrongfully rejected the delivery by asserting a false acidity reading. You have proof after the fact that the acidity was not in fact as high as it was claimed, and thus the delivery should not have been rejected.

The other issue is going to be a "he said/she said" situation where its your drivers word against theirs as to their instructions to load the truck despite the temperature issue.

Looking back on this as it is now, what would be the "proper channels" under you contract with the plant? Is there any truth to what their saying on that point?
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