|
Admiralty/Cargo Damage
|
D.I. Engineering Corp. v. Nippon Express USA, 2000 U.S. Dist. LEXIS 12250 (S.D.N.Y. August 28, 2000), involved a subrogated claim for damage in the amount of approximately $600,000 to a shipment of a can-making machine carried on a flat rack trailer above deck. The carrier argued that its liability was limited to $500 as the machinery constituted one package under COGSA. We successfully argued that the stowing of the cargo above deck pursuant to an under deck bill of lading constituted an unreasonable deviation thereby denying the carrier the limitations under COGSA. The United States District Court agreed with our position that above deck storage of a can-making machine constituted an unreasonable deviation under COGSA.
|