This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Contract
Property Damage

Interamerican Motor Corporation and Fireman's Fund Insurance Company v. Ivaran Lines

Published: Aug. 22, 1998 | Result Date: Jun. 10, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 7804221 Bench Verdict –  $26,825

Judge

Jacqueline Taber

Court

Alameda Superior


Attorneys

Plaintiff

Joshua E. Kirsch


Defendant

Rupert P. Hansen


Experts

Plaintiff

John J. Norrie
(technical)

Defendant

John Bonner
(technical)

Facts

In April 1996, defendant Ivaran Lines, an ocean cargo carrier, carried plaintiffs Interamerican Motor Corporation's cargo of auto cylinder heads, insured by Fireman's Fund Insurance Company, from Brazil to Los Angeles via Houston in a 40-foot ocean container. When the container arrived in Los Angeles, the cylinder head bolts were found wet with fresh water condensation and rust-damaged. The cargo cost $26,825 to recondition. The plaintiffs brought this action against the defendant based on negligence and breach of contract theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $9,500. The defendant later made a C.C.P. º998 offer of $1,500. The defendant made an offer of $5,000 prior to suit.

Damages

The plaintiff claimed $26,825 in cargo damage.

Other Information

The verdict was reached approximately one year and three months after the case was filed. MEDIATION: A mediation was held on Nov. 6, 1997, before attorney Harvey I. Wittenberg resulting in no settlement. POST-TRIAL MOTIONS: Defendant Ivaran Line filed a motion to vacate judgment and to enter a new and different judgment pursuant to C.C.P. ºº657 and 663.

Length

2½ days (bench trial)


#114988

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390