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Carrier alleges unsafe trailers, seeks compensation for fires, repairs and operating costs

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Carrier alleges unsafe trailers, seeks compensation for fires, repairs and operating costs
A dispute over alleged brake system installation problems on 100 dry van trailers has led to litigation involving a trucking company, trailer manufacturer and component suppliers. (Concept image)

Summitt Trucking LLC has filed suit against trailer manufacturer Fruehauf, alleging improper installation of brake system components on 100 trailers delivered beginning in 2023 and seeking compensation for resulting damage and expenses.

“We’ve ordered 1,500 to 2,000 of those trailers over the years and have always had good luck with them,” said David Summitt, president of Clarksville, Indiana-based Summitt Transportation Group. The group includes Summitt Trucking, LLC, in business since 2003.

That’s the kind of repeat business that most trailer manufacturers would be proud to continue. With 650 trailers in the fleet, periodic replacements are a business necessity.

The relationship between trailer manufacturer and the carrier began to sour following an order for 100 new 53-foot Fruehauf dry van trailers, with deliveries beginning in 2023.

Summitt ordered the trailers with a Hendrickson 40,000-pound suspension and the Tiremaax Pro Tire Inflation system. What they received were trailers with an SAF Holland air suspension and SAF Tire Pilot Plus tire inflation system.

While the switch may have resulted in some customer dissatisfaction, it did not present a safety hazard.

According to David Summitt, however, the routing of the air lines and installation of certain components created safety hazards and generated expenses that are significant enough to threaten the company’s continued operation.

The problem, according to the legal action filed by attorneys for the carrier, was the incorrect routing of air lines and the improper installation of a Bendix R-12P valve in each trailer. The R-12P valve activates the trailer brakes when air is supplied via the service brake line.

According to Summitt’s filed complaint, an inspection of several valves revealed that “the ports of the valve showed signs of fluid accumulation, corrosion, oxidation and foreign particles.” The complaint alleges that contamination caused the pneumatic system’s piston to lose functionality, leaving the brakes stuck in the fully engaged, partially engaged or disengaged position.

Brake problems lead to multiple fires

The results began to show up almost immediately: A brake fire on one of the new trailers resulted in the loss of a trailer and a valued customer’s cargo.

And the problems didn’t stop there. According to Summit’s complaint, “For the next year, Summitt suffered chronic issues involving self-engagement of the Trailer’s brake system while in transit.”

David Summitt related that three of the trailers burned and were complete losses.

“There were 20 to 24 additional fires that were able to be put out on-site,” he said. “But the issues started even before the fires. After-hours maintenance had to replace an inside tire; then we had to replace a dragging brake. Then it’s a whole axle, and then it’s two tires. We couldn’t put a finger on it, because it wasn’t happening the same way every time.”

Summitt contacted Fruehauf about the trailer brake issues, and a meeting with the manufacturer and a number of vendors who supplied trailer parts was arranged. The discussion seemed to center on the Bendix part as the culprit, and a few of the R-12P valves were sent to Bendix for evaluation. When Bendix inspected the trailers, however, they determined that the valves had been installed incorrectly. Since that meeting, more meetings with Fruehauf and supplying vendors have occurred.

Mounting costs put pressure on carrier

In the meantime, David Summittsays, his company has absorbed the additional maintenance costs — including roadside service calls — associated with these trailers, as well as loss and damage due to failures. The loss in reduced fuel mileage due to dragging brakes has been exacerbated by higher diesel prices.

The myriad of issues created costly logistical problems as well. Summitt drivers complained or refused to pull trailers from the group. Other carriers that accepted loads through the Summitt brokerage operation refused the trailers.

Through it all, Summitt says, his company has attempted to work with Fruehauf to correct trailer issues and obtain compensation for the additional expenses.

“There’ve been talks, but they never said, ‘Bring those trailers back; let’s get them fixed. Let’s do the right thing,’” Summitt said. “Even when I was having to buy all these parts and labor to do all this work, I was negotiating with Fruehauf. But (when) we got down to the labor, they offered me a number that was like a fourth of what it took to do the job, and told me if I didn’t accept it, that that was their last offer. That’s how the lawsuit started.”

Independent investigation identifies installation issues

Summitt’s attorney, Andy Marquis at Scopelitis, Garvin, Light, Hanson & Feary, P.C., asked for a review of the case by Wolf Forensics and Design Engineering.

The ensuing report stated that the Bendix R-12P valves had been installed “in a manner inconsistent with the recommendations of the manufacturer.” Bendix specifications are that the valve should receive its air supply from an air tank mounted on the trailer. Air reservoirs serve as a collection point for water in the air system.

According to the report, Fruehauf installed the valves directly to the air line, without a reservoir. Another discrepancy found by Wolf engineers was the routing of the air lines. The routing added 6 to 9 feet of unnecessary line, which can impact brake balance and application/release times. Additionally, Fruehauf used 90-degree fittings and T-fittings that can have the effect of adding another 6 to 10 feet of air line.

The Wolf report summarized: “Fruehauf’s installation of the R-12P valve greatly increased the valve’s ability to capture airborne water and contaminates resulting in fouled valves that would intermittently operate or would allow air to be delivered to the braking circuit without the driver applying the service brakes. … Continued application of the brakes while the trailer is traveling down the road can generate significant amounts of heat and lead to thermal overloading of the braking components and ultimately result in fire.”

According to Summitt, Fruehauf subsequently recommended repairs that included rerouting of the air lines, removing the Bendix valve and adding a Quick-Release gladhand.

After acknowledging receipt of a request for information from The Trucker, Fruehauf did not supply a response in time for publishing.

Fruehauf seeks to bring suppliers into lawsuit

In August 2026, Fruehauf filed a Motion for Leave to File Third Party Complaint with the court handling the suit, denying the complaint and asking that, should Fruehauf be found liable, any associated costs for damages be paid by SAF Holland, Bendix and Hoosier Truck & Trailer, the original dealer of the trailers.

As litigation continues, Fruehauf may submit its own expert report challenging the carrier’s allegations. Meanwhile, Summitt says the expenses associated with the trailers, combined with rising operating costs across the trucking industry, continue to threaten his company’s financial stability.

Cliff Abbott

Cliff Abbott is an experienced commercial vehicle driver and owner-operator who still holds a CDL in his home state of Alabama. In nearly 40 years in trucking, he’s been an instructor and trainer and has managed safety and recruiting operations for several carriers. Having never lost his love of the road, Cliff has written a book and hundreds of songs and has been writing for The Trucker for more than a decade.

Avatar for Cliff Abbott
Cliff Abbott is an experienced commercial vehicle driver and owner-operator who still holds a CDL in his home state of Alabama. In nearly 40 years in trucking, he’s been an instructor and trainer and has managed safety and recruiting operations for several carriers. Having never lost his love of the road, Cliff has written a book and hundreds of songs and has been writing for The Trucker for more than a decade.
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