KMK Atty Prevails at Trial Over Scrap Metal Contract

Kohner, Mann & Kailas attorney Zach Whitney won a resounding victory at trial for an Illinois company, securing nearly $94,000 owed to his client from a scrap-hauling contract gone awry. 

After a trial in November, a Wood County judge last month awarded judgment to Whitney’s client, an Illinois scrap metal dealer and broker, on its breach of contract claim. In turn, the judge also dismissed a host of counterclaims from the defendant, who fought to avoid paying the plaintiff what it was owed under a contract to purchase scrap metal from a decommissioned utility substation in Suring, WI.

The plaintiff had contracted with the defendant, a Wisconsin scrap metal dealer, to purchase and haul away scrap metal from the project site. However, after the project ballooned to more than double its originally estimated scope—from 300 to more than 700 tons—defendant paid only $30,000 of the $140,000 it owed to plaintiff. 

Whitney deftly guided the Illinois company through more than two years of litigation and, ultimately, won the lion’s share of the amount sought in the complaint, plus interest—another outstanding result for KMK and its clients!