Whitney Brakken Jan. 16, 2014, 2:03pm

A commercial motor carrier transportation company is suing, claiming the tractor it  purchased was defective.

Time Definite Services Inc. filed a lawsuit Dec. 6 in the Cook County Circuit Court against Navistar Inc. and Chicago International Trucks Inc., citing negligence, breach of implied warranty, breach of express warranty and strict liability.

According to the complaint, the defendants sold a tractor to the plaintiff in September 2011. The plaintiff alleges that it was operating the tractor on a highway in Florida on Feb. 6, 2013, when suddenly and without warning, the tractor stalled and smoke began emanating from under the hood.

The tractor, the suit alleges, became engulfed in flames, severely damaging the tractor, the trailer and load being hauled. The plaintiff claims the defendants breached their duty by designing and selling the tractor with wiring that rubbed against components within the engine, creating the risk of an electrical short.

Time Definite Services is seeking damages in the amount of $191,508.57 for the total loss of the tractor and trailer, $40,319.24 for the cargo loss and recovery charges, damages for all towing and storage charges and costs. It is being represented by Jason Orleans of Chilton Yambert Porter LLP.

Cook County Circuit Court Case No. 2013L013828.

This is a report on a civil lawsuit filed at the Cook County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

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