Legal Opinion
Hath v. Alleghany Color Corp.
District Court, D. Arizona
Decided February 23, 2005No. CIV. 03-1475-PHX-EHCPublishedCited by 1 opinion
1Opinion of the Court
ORDER
CARROLL, District Judge.
Before the Court is a Motion for Summary Judgment by Defendant ABF Freight System 1 (ABF or Defendant) [Dk. 53]. Plaintiff responded [Dk. 62], Defendant replied [Dk. 67],
Defendant, a common carrier, entered into a contract with Plaintiff to transport Plaintiffs household goods from Michigan to Arizona. In the same trailer with Plaintiffs goods was a shipment of ink, which allegedly stained or otherwise damaged Plaintiffs goods. Plaintiff alleges claims for negligence, res ipsa loquitur, and the Carmack Amendment. 49 U.S.C. § 14706.
Background
Defendant ABF is a…
2Cases cited10 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Hughes Aircraft Company National Union Fire Insurance Company v. North American Van Lines, Inc., and Does 1-100, InclusiveCourt of Appeals for the Ninth Circuit · 1992
- Merchants Fast Motor Lines, Inc. v. Interstate Commerce CommissionCourt of Appeals for the Fifth Circuit · 1993
- Rohner Gehrig Company, Inc. v. Tri-State Motor TransitCourt of Appeals for the Fifth Circuit · 1992
- Bio-Lab, Inc. v. Pony Express Courier CorporationCourt of Appeals for the Eleventh Circuit · 1990
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3Cited by1 opinion
- OneBeacon Insurance v. Haas Industries, Inc.District Court, N.D. California · 2008