Phoenix Team Obtains Summary Judgment For Interstate Moving Company In Damaged Goods Dispute

• Published date: 22 September 2023
• Law Firm: Lewis Brisbois Bisgaard & Smith LLP
• Author: Mr Andrew Kleiner and Julie E. Maurer

Phoenix, Ariz. (September 21, 2023) - Phoenix Partner Julie E. Maurer, Chair of the National Cargo & Logistics Practice and co-Chair of the Transportation Practice, and Partner Andrew Kleiner recently obtained summary judgment in the U.S. District Court for the Middle District of Florida on behalf of their client, an interstate moving company, when the court ruled that their client properly limited its liability to $0.60 per pound per article for damage and loss that occurred during the interstate transport of the plaintiff's goods.

In this case, the plaintiff hired the interstate moving company to transport his household goods and personal property from California to Florida. The bill of lading contract stipulated a bound weight of 13,499 pounds for the shipment and outlined the plaintiff's selection of reduced rate valuation coverage at $0.60 per pound. During the move, a portion of the plaintiff's shipment was damaged. Instead of accepting the contractually owed damages under the moving company's bill of lading contract based on the reduced rate valuation of $0.60 per pound he selected, he filed suit.

Despite multiple amendments, Lewis Brisbois...