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CONFIDENTIAL

Oct. 31, 1998

Insurance
Subrogation
Damages

Confidential

Settlement –  $42,000

Judge

Victor T. Barrera

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Paul J. Marron
(Marron Lawyers APC)


Defendant

Michael McDaniel

Nancy W. Carman


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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