Confidential
Settlement – $42,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Paul J. Marron
(Marron Lawyers APC)
Defendant
Facts
On Nov. 16, 1996, a train derailed in Arizona, damaging cosmetics cartons shrink wrapped on 28 pallets. The insurer of the cosmetics paid on the loss and sued in subrogation. The plaintiff contended that each individual carton (396) was a package and that damages were the actual economic loss of $70,000. The defendant contended that packages were the 28 shrink-wrapped pallets with maximum damages at $14,000. (Under COGSA there is a $500 per package limitation.)
Settlement Discussions
Settlement discussions were not disclosed.
Other Information
The settlement was reached approximately eight months after the case was filed.
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