A forklift dealer in the St Louis market has sued Nissan Forklift Corp, North America in a dispute about injunctive, declaratory and statutory relief.

The company, Lift Truck Lease and Service Inc doing business as AD Lift Truck (ADL), has been an authorised dealer for Nissan Forklift.

The lawsuit says that, prior to 2010, ADL had been a dealer for various other forklift manufacturers.

In late 2009, Nissan told ADL that it was interested in forming a long-term relationship with ADL as a franchisee and dealer of Nissan Forklift and Barrett Industrial Truck products, according to the court filing. "However, Nissan required ADL to discontinue its sales of all other brands of lift truck products in order to become a Nissan franchisee/dealer."

ADL says it relied on Nissan's statements, discontinued sales of all other lift truck products and severed its relationships with all other lift truck manufacturers. Further, ADL "made substantial infrastructure, inventory and equipment purchases per Nissan's request", and the parties entered in an exclusive authorised dealership agreement in January 2010 covering certain counties in Illinois and Missouri.

The Nissan term agreement was set to expire on 1 February 2012. The Barrett agreement is of an indefinite term.

ADL says Nissan claims ADL did not meet performance obligations.

"On or about January 10, 2012, Nissan sent a termination letter to ADL, giving notice of its intent not to renew the term agreement and to instead allow the term agreement to expire," the suit says.

ADL is seeking a judgment of USD75,000 as a result of "Nissan's failure to give adequate notice of its intent not to renew the term agreement".

ADL also represents JLG aerial work platforms and telehandlers, Manitex Liftking rough terrain forklifts, Steel King Industries materials handling products and systems and John Harder & Company custom lift truck attachments.

Rudy Dodorico Sr established the family-owned and -operated business in 1977, with his sons in charge now. Rudy Dodorico Jr is president and chief executive officer, and Gus Dodorico is vice president of sales.

The suit was filed on 27 January in the federal court for the eastern district of Missouri in St Louis.

Charles H Morgan III represents the plaintiff. Morgan specialises in employee benefits and employment law and is affiliated with the Lowenbaum Partnership LLC in Clayton, Missouri.

The defendant, Marengo, Illinois-based Nissan Forklift, is a subsidiary of Nissan Forklift Co Ltd of Yokohama, Japan within the Nissan Motor Co Ltd family. A request for comment was not answered.