Chiquita International v. M/V Bolero Reefer
United States District Court for the Southern District of New York
1994 U.S. Dist. LEXIS 5820 (S.D.N.Y. 1994)
Chiquita International (Chiquita) (plaintiff) hired International Reefer Services (International) (defendant) to ship bananas. Chiquita alleged that due to malfunctions of the ship’s loading cranes the entire shipment was not loaded and the cargo left behind was disposed of. At Chiquita’s request, Winer, a marine surveyor, examined the ship and the loading gear after the ship arrived at its destination. Chiquita sued International for loss of the cargo, and International sought discovery of Winer. Chiquita objected on the ground that Winer was a non-testifying expert.
Rule of Law
Holding and Reasoning (Francis, J.)