Malone v. Mayflower Transit, Inc.

• Decision Date: 18 March 1993
• Docket Number: No. CIV-2-91-131.,CIV-2-91-131.
• Citation: 819 F. Supp. 724
• Parties: Gary MALONE v. MAYFLOWER TRANSIT, INC.
• Court: U.S. District Court — Eastern District of Tennessee

819 F. Supp. 724

Gary MALONE v. MAYFLOWER TRANSIT, INC.

No. CIV-2-91-131.

United States District Court, E.D. Tennessee, Greeneville.

March 18, 1993.

Frank B. Dodson, Kingsport, TN, for plaintiff Gary Malone.

Thomas L. Kilday, Milligan & Coleman, Greeneville, TN, for defendant Mayflower Transit, Inc.

ORDER

HULL, District Judge.

This action for damages to certain computer equipment is before the Court to consider certain requested jury instructions filed by the parties, as well a briefs on contested issues of law which were ordered to be filed by the parties on or before January 29, 1993 in a final amended pretrial entered by this Court on January 8, 1993. Although the defendant has briefed these contested issues of law, the plaintiff has failed to do so. After careful consideration of the record as a whole, including the admissions and stipulations of the parties, and after a thorough review of the applicable law, the Court finds as follows:

1. The Carmack Amendment to the Interstate Commerce Act does preempt state common law and statutory causes of action. Baker Perkins v. Midland Moving & Storage, Co., 920 F.2d 1301 (6th Cir.1990) citing Underwriters at Lloyds of London v. North American Van Lines, 890 F.2d 1112 (10th Cir.1989); Hughes v. United Van Lines, Inc. et. al., 829 F.2d 1407, 1415 (7th Cir.1987), cert. denied, 485 U.S. 913, 108 S.Ct. 1068, 99 L.Ed.2d 248 (1988). Therefore, the plaintiff's theories of recovery under state common law theories of negligence and bailment, under the Tennessee Consumer Protection Act, and under Tennessee statutory bad-faith penalty provisions are ORDERED DISMISSED.

2. The defendant has requested that this Court charge the jury on comparative negligence, however, the Court finds that this state common law defense is also preempted by the Carmack Amendment. In Hughes Aircraft v. North American Van Lines, 970 F.2d 609, 611 (9th Cir.1992), the Court held that "the Carmack Amendment, 49 U.S.C. § 11701(a), (c), subjects a motor carrier transporting cargo in interstate commerce to absolute liability for `actual loss or injury to property'." (emphasis added) See Missouri Pacific R.R. Co. v. Elmore & Stahl, 377 U.S. 134, 137, 84 S.Ct. 1142, 1144, 12 L.Ed.2d 194 (1964); Underwriters at Lloyds of London, Inc., supra at 1115. Therefore, the Court finds that the only issue in regard to liability that will be submitted to the jury is whether or not the computer equipment in question was damaged while being transported by the defendant in interstate commerce.

3. This case involves both a bill of lading under 49 U.S.C. § 11707(a)(1) and a written transportation agreement under 49 U.S.C. § 10703(a). The written transportation agreement in the cause is styled "The Mayflower Green Light Guarantee," and based upon the Court's holding in Baker-Perkins, Inc., supra at 1306, the validity and effect of this transportation agreement is governed by federal law.

In that case, Baker Perkins had contracted for Gold Umbrella or Full Value Protection, which extended the liability of the carrier beyond the terms of the bill of lading. After concluding that the Court knew of nothing in federal law that would prohibit a carrier from filing a tariff providing...