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
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
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)
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