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Litigation

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Below is a list of public litigation records involving Beyel Brothers and related companies. Please check with the applicable court for any further developments in these cases. Click on the case title (in red) for filings from each case.

 


Federal Cases

U.S. District Court, Middle District of Florida (Orlando Division)

Keenan v. Beyel Brothers
Filing Date: November 18, 2010
Case Type: Jones Act (Marine)
Status: Pending
A maritime employee, formerly a deckhand and engineer on the Beyel vessel M/V Gus Henrich, alleges he sustained injuries in separate incidents in May and July 2010 while working aboard the Beyel tugboat. The plaintiff alleges that Beyel “delayed, failed and/or refused to pay Plaintiff’s entire maintenance and cure benefits” and prematurely required him to return to work following his injuries in May, thus causing his further injuries in July. Beyel Brothers denied the plaintiff's claims and has filed a counterclaim alleging the plaintiff failed to disclose preexisting conditions when he was hired.

U.S. District Court, Southern District of New York

Vogt Power v. Beluga and Beyel Brothers
Filing Date: April 2, 2010
Case Type: Contract: Marine
Status: Voluntarily Dismissed
Kentucky energy company Vogt Power International sued Beyel Brothers and marine cargo company Beluga Shipping for allegedly damaging a power generation system being transported from China to the US. Vogt sued for $18.5 million in reparations. After Beyel was granted an extension of time to answer the complaint, Vogt voluntarily dismissed Beyel from the case.

U.S. District Court, Middle District of Florida (Orlando Division)

Beyel Brothers et al v. Canaveral Port Authority
Filing Date: June 2, 2006
Case Type: Admiralty
Status: Closed (Defendant’s Motion to Dismiss Granted October 5, 2006)
In May 2006, Immigration agents discovered an undocumented alien living on a Beyel vessel in a secure area of Port Canaveral.  The local Coast Guard Commander locked Beyel out of the port.  Beyel sued for breach of contract and defamation.

Ironworkers Local Union No. 808, et al, v. Beyel Brothers
Filing Date: November 17, 2004
Case Type: ERISA, National Labor Relations Act
Status: Settled
The Ironworkers sued Beyel for allegedly failing to make required benefit plan contributions. The case settled one month later.

State Cases

Contracts, Debt and other Business Related Cases

BV Oil v. Beyel Brothers
Filing Date: December 13, 2010
Location: Dade County
Status: Settled (Beyel to pay full amount due)
BV Oil Company, a Florida fuel and lubricant supplier, sued Beyel Brothers for $54,438 in allegedly unpaid invoices September 2010 through December 2010 for thousands of gallons of diesel fuel. . In a settlement agreement, Beyel agreed to pay the full amount due in weekly installments, in addition to purchasing a minimum $5,000 in fuel weekly from BV Oil.

Beyel Brothers v. Extreme Concrete & Plumbing, LLC
Filing Date: July 6, 2010
Location: Orange County
Status: Default Judgment for Beyel
Beyel claimed it rented a crane to Extreme Concrete for one year. After the defendant failed to pay the first month’s rent for the crane, Beyel repossessed its equipment and charged Extreme $31,500 for one month’s rental plus costs. Beyel won a default judgment of $34,640.

Beyel Brothers v. Kemah Boat Club
Filing Date: March 3, 2010
Location: Harris County, TX
Status: Voluntarily Dismissed
Beyel sued the owners of the Marina Bay Harbor Yacht Club located in Clear Lake Shores, TX for over $13,100 in allegedly unpaid invoices for maritime services. The defendant moved to transfer the case to Galveston County, and claimed that Beyel’s invoices were not legitimate. The Boat Club alleged that Beyel offered to hoist and recover boats affected by Hurricane Ike at no cost to the Boat Club (Beyel instead would bill individual boat owners or insurance companies). Beyel voluntarily dismissed the case in July 2010.

Beyel Brothers v. B.R. Crane & Equipment
Filing Date: January 11, 2010
Location: Harris County, TX
Status: Settled
Beyel sued over an allegedly unpaid balance of $65,138 for work performed in Boca Raton, FL. BR Crane filed an answer denying the claim as well as a counterclaim against Beyel. Both parties settled.

Beyel Brothers v. Trade Pro Construction
Filing Date: January 27, 2009
Location: Broward County
Status: Judgment for Beyel
Beyel successfully sued over a balance due dating back to 2007, winning a default judgment of $19,359.75 plus interest in September 2009.

Beyel Brothers v. Pro Built Development
Filing Date: September 2, 2008
Location: Lee County
Status: $86,391 Judgment for Beyel
Beyel sued its customer Pro Built, alleging it was not paid for work performed at a Holiday Inn in Dalton, GA. Pro Built denied the allegations, but lost a judgment for the full amount due, plus significant interest and penalties.

Beyel Brothers v. Frank Volinsky Inc.
Filing Date: May 1, 2008
Location: Broward County
Case Type: Damages
Status: Judgment for Beyel
Beyel sued a contractor for payment for a crane rental job from July 2007. Beyel won a default judgment of $7,713.50 plus interest.

Lefler v. Beyel Brothers
Filing Date: April 19, 2007
Location: Brevard County
Status: Settled
The plaintiff sued Beyel for allegedly “converting” for its own use barge related equipment he was storing at Beyel’s facility. Beyel filed a counterclaim, alleging that the plaintiff owed approximately $20,000 in unpaid storage fees. The parties settled in March 2009.

Beyel Brothers v. US Steel
Filing Date: July 13, 2006
Location: Broward County
Status: Settled
Beyel filed a complaint (erroneously listing the court as Brevard County; the case was in fact filed in Broward County by attorney Hope L. Plevy of Ft. Lauderdale) claiming US Steel owed $31,168.88 for crane rental services provided in late 2005.  The parties settled the case.

Space Science Services v. Beyel Brothers
Filing Date: February 8, 2006
Location: Brevard County
Status: Settled
Space Science Services sued over invoices resulting from work the company did for Beyel’s maritime division in 2005. The parties settled the case quickly, in March 2006.

Beyel Brothers v. Richard Pruitt and Pruitt Building Systems
Filing Date: November 22, 2005
Location: Brevard County
Status: Judgment for Beyel
Beyel sued over unpaid invoices for several crane rental jobs from late 2004 through July 2005. Beyel won a judgment of $104,583.80 in August 2007.

Beyel Brothers v. John Mutton dba Big Tuna Salvage
Filing Date: May 19, 2005
Location: Brevard County
Status: Judgment for Beyel
Beyel sued over barge crane rental invoices, and won a judgment of $39,801.99 plus interest in June 2008. According to the docket sheet Beyel is still taking steps to collect the judgment, as the defendant is in bankruptcy.

Beyel Brothers v. Royal Concrete Concepts
Filing Date: March 18, 2005
Location: Palm Beach County
Status: Settled
Beyel sued a customer for $127,587.91 plus costs and interests over alleged unpaid crane rental invoices. The case settled in May 2006 as trial preparations were underway.

Beyel Brothers v. Beliard
Filing Date: February 22, 2005
Location: Brevard County
Status: Closed (Judgment for Beyel)
Beyel won a $35,670.02 judgment in a case involving dockage fees at Beyel’s Port Canaveral facility.

Xero-Fax v. Beyel Brothers
Filing Date: January 27, 2005
Location: Brevard County
Status: Settled
Xero-Fax, a trucking permit services company, sued Beyel over invoices issued in 2003. The parties settled in March 2005, with Beyel agreeing to pay $14,968.20 plus interest.

Beyel Brothers v. Duane Inghram dba Inghram Recovery
Filing Date: October 6, 2004
Location: Palm Beach County
Status: Settled
Beyel sued Inghram for $15,760 plus interest and costs over three crane rental jobs. In its answer Inghram claimed that Beyel forged signatures on job contracts, and filed a counterclaim against Beyel for alleged improper conversion of property and civil theft. The case settled in August 2005.

National Union Fire Insurance Co v. Beyel Brothers
Filing Date: July 20, 2004
Location: Palm Beach County
Status: Voluntarily Dismissed
Beyel was sued in 2004 over an alleged debt of $6,230.  The dispute arose over a nearly five year old commercial auto insurance policy.  The case was voluntarily dismissed in March 2005. 

CSX Transportation v. Beyel Brothers
Filing Date: July 6, 2004
Location: Brevard County
Status: Officially pending, but appears to be abandoned
CSX sued Beyel for $47,253.98 plus interest and costs, in a dispute arising from heavy haul services provided in 2001.  It appears the case has been abandoned, as no filings were made after the complaint.

Lexington Insurance Co. v. Beyel Brothers
Filing Date: May 10, 2004
Location: Brevard County
Status: Settled
Lexington Insurance sued Beyel for alleged unpaid deductibles from a 1999 commercial general liability policy.  In the settlement agreement, Beyel agreed to pay $24,447 plus interest.

Beyel Brothers v. Lester Expositions
Filing Date: October 30, 2003
Location: Palm Beach County
Status: Settled
Beyel sued Lester Expositions over alleged unpaid storage fees.  The case settled in May 2004.

Atlantic Industrial Services v. Beyel Brothers
Filing Date: January 22, 2003
Location: Broward County
Status: Settled
Atlantic Industrial, an industrial waste material recycler, sued Beyel over $365 of invoices from July and August 2002.  The case settled in just over one month.

Jobsite Accident, Injury and other Safety Related Cases

Miguel v. American Cutting and Drilling, Beyel, et al
Filing Date: January 29, 2010
Location: Broward County
Status: Pending
The surviving family of an American Cutting worker killed at a jobsite in Palm Beach sued his employer, Beyel Brothers and over a dozen other parties involved in the project. Mark Beyel has filed an affidavit denying that Beyel Brothers had any involvement in the accident, and the company has moved for summary judgment. A related federal case has been filed by Amerisure, the insurer for American Cutting.

Florida DOT v. Beyel Brothers
Filing Date: April 21, 2009
Location: Nassau County
Status: Joint Dismissal
The Florida Department of Transportation sued Beyel over allegedly causing $190,799 in damage to a bridge over the Amelia River in Nassau County, FL. According to the complaint, the Beyel tug Gus Henrich collided with the bridge. The state further alleged that Beyel was guilty of "negligent hiring and retention," as the same tugboat captain had been involved in another collision and a grounding in the two years prior to the accident. The parties reached a settlement in the case.

Toledo v. Beyel Brothers
Filing Date: June 6, 2008
Location: Orange County
Status: The parties settled the case in May 2010.
The plaintiff, an employee of Guaranteed Concrete & Layout, alleges that he suffered injuries in a jobsite accident when he was struck by a roof truss dropped by a Beyel crane.  Beyel denies the allegations and filed a third party claim against Guaranteed Concrete & Layout, alleging among other things that the load was improperly rigged by Guaranteed Concrete.

Perez v. Beyel Brothers et al
Filing Date: November 15, 2007
Location: Palm Beach County
Status: Settled
The plaintiff, a carpenter for Current Builders, sued Beyel and an operator for injuries suffered in a crane collapse.  Perez accused Beyel and the operator of making an unsafe, overloaded lift.  Danny Beyel gives an extensive deposition in this case. The parties settled the case in mediation in September 2009. The OSHA file on this incident, introduced as evidence in the case, is available HERE.

Pumpco v. Beyel Brothers
Filing Date: August 15, 2006
Location: Palm Beach County
Status: Settled
Pumpco sued for damages after a Beyel crane allegedly collapsed onto the company’s concrete pump.  The case settled in February 2008 after mediation.  Pumpco had sued Beyel once before, in a 1999 case that also ended in mediation.

Alexis v. Pre-Cast Specialties, Beyel Brothers, Hunter Crane, Royal Crane, et al
Filing Date: March 28, 2005
Location: Broward County
Status: Settled
The plaintiff was injured at a Melbourne, FL jobsite when a precast hollow core panel collapsed beneath him, causing a twelve foot fall down an elevator shaft.  The plaintiff sued multiple parties involved in the construction including Beyel, Hunter and Royal; Beyel filed a cross claim against Hunter and Royal.  The cross claim was settled in September 2008, and the main case settled in April 2009.

Gordon v. WCI Communities, BCBE Construction, Beyel Brothers et al
Filing Date: August 23, 2005
Location: Palm Beach County
Status: Beyel was dismissed
The plaintiff alleged that he suffered injuries in a fall while fleeing a Beyel crane that was falling in his direction.  The suit was filed against Beyel, the general contractor Boran Craig Barber Engel (BCBE) Construction and several other parties. Beyel won a judgment dismissing the company as a defendant, and has been found entitled to recover attorney fees (although Beyel’s first proposed amount was rejected).

Fernandez v. Beyel Brothers
Filing Date: November 12, 2003
Location: Dade County
Status: Settled in mediation
An employee of Form Works sued Beyel after losing part of a finger at a jobsite.  The plaintiff alleged that a Beyel operator lifted a crane before the load of rebar was unfastened, causing his finger to get caught in the chain.  The case settled in mediation.

Motor Vehicle Accident-Related Cases

McGrath v. Beyel Brothers
Filing Date: August 26, 2011
Location: Palm Beach County
Status: Pending
The plaintiff sued over injuries and damages allegedly suffered in a collision with a Beyel HTC. Both Beyel and the driver have filed Answers denying the Complaint, and the parties are in the discovery process.

Moise v. Beyel Brothers
Filing Date: March 16, 2011
Location: Palm Beach County
Status: Pending
The plaintiff sued over injuries and damages allegedly suffered when a Beyel vehicle backed into her car just outside of Beyel's Palm Beach yard. Beyel has filed an Answer denying the Complaint, and the parties are in the discovery process.

Hunter v. Beyel Brothers
Filing Date: April 12, 2010
Location: Orange County
Status: Pending
The husband and wife plaintiffs sued over an accident involving a hotel shuttle bus, which allegedly overturned after a collision. An amended complaint added Beyel Brothers to the list of defendants allegedly involved in the accident. Beyel has filed an Answer denying the Complaint, and the parties are in the discovery process.

Miller v. Beyel Brothers
Filing Date: January 15, 2010
Location: Palm Beach County
Status: Settled
The plaintiff sued over alleged injuries suffered when she was struck by a Beyel vehicle while she was riding a bicycle. The parties filed a joint Stipulation for Dismissal just before a trial was scheduled to begin.

Duvall v. French and Beyel Brothers
Filing Date: May 29, 2009
Location: Palm Beach County
Status: Settled
Duvall sued Beyel claiming that an outrigger pad fell off a Beyel truck on I-95, causing him “severe and permanent injuries”. The parties settled the case in January 2010.

State Farm Insurance v. Risden and Beyel Brothers
Filing Date: July 11, 2005
Location: Brevard County
Status: Dismissed/Settled
State Farm sued Beyel and a driver after an accident.  The suit sought to recover $15,558 plus fees and interest for insurance claims.  The case was dismissed in December 2005.

Hernandez v. Beyel Brothers et al
Filing Date: June 20, 2005
Location: Broward County
Status: Dismissed/Settled
Another motorist involved in the accident in the Young case above sued Beyel.  The case was voluntarily dismissed by the plaintiff in May 2007.

Cynthia Green v. Beyel Brothers et al
Filing Date: December 28, 2004
Location: Palm Beach County
Status: Verdict for Plaintiff
A motorist sued after a crane backed in to her car.  The trial court jury found in favor of the defendants in April 2006, but the trial court judge ruled in favor of the plaintiff in a Directed Verdict.  Beyel Brothers lost an appeal in September 2007.

Robert Young v. Beyel Brothers, et al
Filing Date: October 20, 2003
Location: Broward County
Status: Settled
A motorist sued Beyel over an accident with a crane.  The case settled as trial preparations were underway, and was finally dismissed in February 2006.

Gorica Lacku v. Beyel Brothers, et al
Filing Date: March 7, 2002
Location: Palm Beach County
Status: Settled
Beyel was sued after an accident on I-95 involving one of its cranes.  The case settled in mediation and was dismissed in June 2003.

Board of County Commissioners of Palm Beach County v. Beyel Brothers, et al
Filing Date: June 19, 2001
Location: Palm Beach County
Status: Judgment against defendants
Palm Beach County sued after an accident between a Beyel crane and a county bus.  A jury found the defendants negligent and responsible for $100,048.83 in damages.

Cesar Zabala v. Beyel Brothers, et al
Filing Date: October 11, 2001
Location: Palm Beach County
Status: Settled
Zabala, a passenger on the bus in the case above, sued over injuries sustained in the accident.  This case settled three years after the verdict in the case above.

Saintamene Mondelus v. Beyel Brothers et al
Filing Date: June 5, 2002
Location: Palm Beach County
Status: Settled
Another case involving a passenger on the bus above, this case settled in April 2004.

Emmanuel Jean-Pierre v. Beyel Brothers, et al
Filing Date: November 20, 2003
Location: Palm Beach County
Status: Settled
A fourth passenger on the bus sued in 2003.  This case settled just before going to trial, and was dismissed in February 2006.