A class action agreement to settle has been reached with Smitty’s Supply, Inc. and Tractor Supply Company on behalf of Missouri purchasers of Super S SuperTrac 303 Tractor Hydraulic Fluid. As described in detail in public filings, the Settlement provides significant payments to the Class in a way that addresses the fundamental issues underlying this case.
The First Amended Class Action Complaint case alleges that the SuperTrac 303 product was negligently and deceptively labeled, marketed and manufactured and that use of such product could cause damage to tractors and other equipment.
The Settlement Agreement and Release provides relief to approximately 10,000 Class Members who have purchased Super S SuperTrac 303 Tractor Hydraulic Fluid (“SuperTrac 303”) at Tractor Supply Company and other retail stores in the state of Missouri between May 25, 2013 and the present, excluding those who purchased for resale. Also excluded from the Settlement Class are Defendants, including any parent, subsidiary, affiliate or controlled person of Defendants; Defendants’ officers, directors, agents, employees and their immediate family members, as well as the judicial officers assigned to this litigation and members of their staffs and immediate families.
Under just the Part A Relief in the Settlement, the Class Settlement Fund is sufficient to provide each Settlement Class Member with an estimated automatic minimum payment in an amount calculated to be approximately 50% of the average purchase price for the units of SuperTrac 303 purchased by each such Settlement Class Member during the class period, with a possible pro rata increase for each such Settlement Class Member depending on the number of claims made and settlement checks cashed, as well as depending on the number and amount of claims made for the Part B Relief.
Through the Part B Relief in the Settlement, additional amounts can be awarded to Class Members who provide proof of repair costs and/or parts purchases necessitated by the use of the SuperTrac 303 fluid in the equipment. Such repairs, parts purchases, and/or equipment damage may relate to, without limitation, damage to seals, pumps, filters, gears, and clutch and brake systems, power take-off (PTO) systems and/or losses incurred as a result of equipment being damaged beyond reasonable repair which occurred as a result of damage and increased or excessive wear resulting from use of Super Trac 303.
An unopposed motion for preliminary approval of the proposed Class Action Settlement was filed on August 9, 2019 and is pending judicial approval.
Plaintiffs’ Class Counsel are: Horn Aylward & Bandy, LLC in Kansas City; White, Graham, Buckley & Carr, LLC. in Independence, Missouri.