Ataide
Ataide v. Hamilton Copper & Steel Corp.
Opinion
Lead Opinion
Best, J.
Statement of the Case
Plaintiff John Ataide, doing business as Ataide Trucking Company (Ataide), brought suit against defendant, Hamilton Copper & Steel Corporation (Hamilton), to recover undercharges for trucking services it provided to Hamilton. These undercharges were the difference between the amount Hamilton paid Ataide and the amount which Hamilton should have paid in accordance with the applicable tariff. Ataide had been ordered by the Public *627 Utilities Commission (Commission) to “take all reasonable steps including legal action to collect any and all undercharges that may be due.”
The trial court concluded that the hauls in question required shipping rates based on transition tariff 2 (T.T.-2) and that the amounts charged for these hauls were lower than the T.T.-2 rate by $48,732.91. Adding interest, the court awarded Ataide $63,699.88. The court further found that, as a result of these low shipping rates, Hamilton acquired an economic advantage over its competitors. The court also concluded that Ataide would not incur a windfall as a result of recovering the undercharges because Ataide was lawfully entitled to these amounts.