Kvaerner E&C Metals v. Yellow Freight Systems Inc.
Published: Oct. 14, 2003 | Result Date: May 15, 2003 | Filing Date: Jan. 1, 1900 |Case number: C021202BZ Bench Decision – $0
Judge
Court
USDC Northern
Attorneys
Plaintiff
Raymond J. Tittmann
(Tittmann Weix LLP)
Defendant
James Attridge
(Law Ofc of James Attridge)
Facts
The plaintiff manufacturer sued the defendant shipping company for alleged damage to cargo. The plaintiff established on summary judgment that the defendant damaged several suction pumps en route. The defendant argued at trial that, notwithstanding the merits, the plaintiff had failed to satisfy a condition precedent to the suit by failing to submit a sufficient claim within nine months of loss in conformity with 49 CFR Section 1005.2(b). The plaintiff claimed that a letter that it had sent six weeks after the loss was sufficient under controlling Ninth Circuit authority.
Damages
$75,981
Other Information
The plaintiff files its opening brief on appeal to the Ninth Circuit on Sep. 29, 2003.
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