A jury in state district court in Dallas made the award Nov. 7 to Aim High Logistics Services of Post Falls, Idaho, after it sued Exel, a unit of Deutsche Post World Net, as well as the other agent, Rick Sipkoi and his agency Sip-Code Logistics Inc., based in Foothills Ranch, Calif.
Aim High’s attorney, Craig A. Albert, said the jury found Exel had violated its own policy that required agents to get clearance from the company to ensure agents did not take business from each other and that a contract for Yamaha Motor Corp. was unfairly “yanked” from Aim High. In addition to the money awarded Aim High, the jury awarded $410,000 for Aim High’s attorney fees.
Albert, of the Dallas firm McElree Savage Smith, described the verdict as a “major setback for Exel since the company will no longer be able to slide away successfully from the commitments to its sales agents regarding account clearance.”
Aim High owners Dennis Muoio and Carl Barata called the lawsuit as a classic “David versus Goliath” struggle.
An Exel spokeswoman said the company does not comment on litigation, but Albert said he had seen a statement that an appeal is planned.
In its complaint filed this spring, Aim High said that despite what it said was its “outstanding performance as an independent contractor” Exel had “chosen to play favorites” and allowed Sipkoi, who it described as a former corporate Exel employee, to circumvent the “account clearance” policy. ' Chris Dupin
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