Fine Foliage of Florida, Inc. v. Bowman Transportation, Inc.
United States Court of Appeals for the Eleventh Circuit
901 F.2d 1034 (1990)
Fine Foliage of Florida, Inc. (Fine Foliage) (plaintiff) grew and sold decorative ferns. When shipped, the ferns had to be stored at a specific temperature. Fine Foliage had 939 ferns that it needed to ship to Tokyo, Japan. Fine Foliage arranged for a trucking company called Bowman Transportation, Inc. (Bowman) (defendant) to transport the ferns from Fine Foliage’s location in Florida to a port in Georgia. The bill of lading for this fern shipment specified a shipment temperature of 39 degrees Fahrenheit, and Bowman’s truck driver knew that ferns had to be stored at that temperature. The truck driver transported the ferns at 0 degrees Fahrenheit, and the ferns arrived in Georgia crusted with ice. The ocean carrier received the ferns from Bowman’s driver. The ocean carrier noted the incorrect temperature and possible damage on the bill of lading, and then it sent the ferns to Tokyo. When the ferns arrived, the recipient determined that they were destroyed. Fine Foliage presented testimony that the ferns had been stored and cared for properly before handing them over to Bowman, and also Fine Foliage offered a certificate by the Department of Agriculture. The trial court found that Bowman was liable to Fine Foliage for common-carrier negligence under the Carmack Amendment, and Bowman appealed.
Rule of Law
Holding and Reasoning (Kravitch, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.