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.
