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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.)
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