Emerson Electric Supply Co. v. Estes Express Lines Corp.

MEMORANDUM OPINION

CONTI, District Judge.

Pending before this court are cross-motions for summary judgment filed by plaintiff Emerson Electric Supply Company (“plaintiff’) and defendant Estes Express Lines Corporation (“defendant”). This action arises under the Carmack Amend ment to the Interstate Commerce Act, 49 U.S.C. § 14706, et seq. (“Carmack Amendment”). The Carmack Amendment imposes absolute liability upon a carrier for the value of goods lost or damaged during shipment, but it has a narrow exception that permits a carrier to limit its liability so long as the carrier meets certain…