Plaintiff (freight broker) sues Defendant (transportation service provider) for Breach of Contract

Total Quality Logistics, LLC has filed a lawsuit seeking over $150,000 in damages against a transportation service provider for failing to deliver a load of toys. The complaint was lodged on December 19, 2025, in the Court of Common Pleas, Clermont County, Ohio, against Koldsteel Xpress Inc.

The case revolves around a breach of contract between Total Quality Logistics (TQL), a freight broker based in Union Township, Clermont County, Ohio, and Koldsteel Xpress Inc., a motor carrier service provider. According to the complaint, TQL engaged Koldsteel Xpress under a Broker/Carrier Agreement to transport freight for its customers. The agreement stipulated that Koldsteel would provide transportation services for TQL’s clients and included clauses consenting to jurisdiction in Clermont County and covering attorney fees for the prevailing party in any dispute.

The issue arose when Koldsteel Xpress failed to deliver a load of toys from Fort Worth, Texas to Owasso, Oklahoma as scheduled on August 21-22, 2024. The toys were picked up in good condition but never reached their destination or were recovered thereafter. As a result of this failure, TQL had to reimburse its customer $150,000 for the lost shipment. TQL accuses Koldsteel Xpress of breaching their agreement by not delivering the goods and refusing to pay the owed amount under the contract terms.

In addition to breach of contract claims, TQL alleges unjust enrichment against Koldsteel Xpress. They argue that if no formal contract is acknowledged by the defendant, then Koldsteel has been unjustly enriched by receiving services without compensation or reimbursement for losses caused by their actions. Furthermore, TQL asserts reliance on promises made by Koldsteel Xpress regarding payment and proper delivery which led them to incur additional expenses.

TQL seeks judgment against Koldsteel Xpress for at least $150,000 plus interest at either an agreed rate or legal rate along with all reasonable expenses including attorney’s fees and court costs. They also request any other relief available at law or equity.

Representing Total Quality Logistics is attorney Jeffrey P. McSherry from Bricker Graydon LLP based in Cincinnati. The case is presided over by Judge Haddad under Case ID: 1:25-cv-00949-MRB.