Vision Air Flight Service v. M/V National Pride

155 F.3d 1165 (1998)

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Vision Air Flight Service v. M/V National Pride

United States Court of Appeals for the Ninth Circuit
155 F.3d 1165 (1998)

Facts

Vision Air Flight Service, Inc. (Vision) (plaintiff) shipped two airport refueling trucks with Madrigal-Wan Hai Lines Corporation (Madrigal) (defendant) from California to the Philippines. Madrigal issued a bill of lading that incorporated the $500-per-package limitation of carrier liability under the Carriage of Goods By Sea Act (COGSA). Vision did not seek a contractual amendment that would increase the limit on Madrigal’s liability. Upon the arrival of Madrigal’s ship in the Philippines, Madrigal’s stevedores began to unload the trucks. The stevedores attached cables to the first truck without using stabilizing bars or a platform. As the crane lifted the truck, the cables crushed large portions of the truck and left it visibly destroyed. Despite the evident destruction of the first truck, the stevedores unloaded the second truck using the same method. The second truck was also destroyed. Vision sued Madrigal to recover the full costs of the damaged trucks. Madrigal filed a motion for summary judgment to limit its liability to $500 per truck, pursuant to COGSA. The district court granted Madrigal’s motion, and Vision appealed.

Rule of Law

Issue

Holding and Reasoning (Moskowitz, J.)

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