Stud v. Trans International Airlines

727 F.2d 880 (1984)

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Stud v. Trans International Airlines

United States Court of Appeals for the Ninth Circuit
727 F.2d 880 (1984)

Facts

Nevelle Stud (plaintiff) contracted with Transamerica Airlines (Transamerica) (defendant) to ship Stud’s $300,000 horse from Canada to New Zealand. The horse arrived in New Zealand in seemingly good health. However, the horse then became ill and died 10 days after arriving in New Zealand. Two months later, a final autopsy report was issued, and it indicated that the horse had likely died from a respiratory illness caused by fluctuating cabin temperatures during the flight. After receiving the autopsy report, Stud made a written complaint to Transamerica, claiming that it had damaged the horse. Transamerica disputed the claim, and Stud brought a Warsaw Convention claim against Transamerica in California federal court for the loss. Transamerica moved for summary judgment, arguing that Stud’s claim was barred because Stud had not made a written complaint about the damage within 14 days, as required by the Warsaw Convention. Stud responded that written notice had been unnecessary because the press coverage that had surrounded the horse’s death had given Transamerica timely, actual notice of the damage. The district court granted Transamerica’s motion and dismissed Stud’s claim. Stud appealed.

Rule of Law

Issue

Holding and Reasoning (Goodwin, J.)

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