The exterior of Federal
Tool & Engineering is seen Thursday afternoon in West
John Ehlke/Daily News
2015, Federal Tool & Engineering, a West Bend company,
purchased a used fork lift from Illinois Lift Equipment
Inc., which is now the subject of a lawsuit.
company from West Bend alleges that Illinois Lift
Equipment lied about the number of hours of use on the
engine in the forklift. This was discovered when it
needed repairs shortly after it arrived at their
Attorney Richard Hahn for Federal Tool & Engineering
further noted in court documents that at least one other
company has had similar issues and taken the Illinois
company to court. The company has made at least 33 sales
in Wisconsin since 2012.
other court case involves Milwaukee County company
Global Power Components. They purchased two fork lifts
for $45,300 and it was alleged the engines had between
three and four times the amount of hours on them than
was advertised. The case was dismissed after a
settlement was reached.
Illinois Lift Equipment has filed a motion for the
Washington County case to be dropped or for the venue to
be changed to Illinois, stating limited sales and
representatives in the state and the use of eBay to sell
a court document the Illinois company states, “Illinois
Lift is a small, Illinois company with no sales
representatives or other employees who conduct business
defendant also argues that sale through eBay was the
plaintiff argued that the number of sales to various
parties in Wisconsin and the decision on the similar
matter in Milwaukee County were among the reasons why
the case should remain in the state.
Judge Andrew Gonring quickly decided the Washington
County Circuit Court wouldn’t be bound by a decision of
a circuit court in Milwaukee County and that the
businesses weren’t far apart.
Gonring further stated that a one-time transaction was
not sufficient grounds to side with Federal Tool &
Engineering, but the other sales made in the state were.
He also noted the sales were all made in a similar
manner and that he was concerned about this being the
second case in the state involving the defendant.
motion to dismiss was denied according to court records,
but the judge sought more information related to a terms
and agreements of sale page associated with the invoice
for the sale of the forklift.
Gonring said he wanted the attorneys to look into how a
misrepresentation claim would affect the laws
surrounding such forms and how font and clarity come
attorneys in the case will file briefs on the matter
Jan. 15 and will not be able to reply to statements made
in the others’ comments.
motion from the plaintiff was, however, denied. The
motion requested documents from the Illinois company,
which were later received.
sought payment of the legal fees associated with filing
the motion despite having received the documents from
Illinois Lift Equipment.