Total Quality Logistics, LLC v. Frye Trucking, LLC

ORDER

TERRENCE W. BOYLE, District Judge.

This matter is before the Court on defendant’s motion for summary judgment [DE 17]. The motion is now ripe for adjudication. For the reasons stated herein, the defendant’s motion for summary judgment is DENIED and summary judgment is GRANTED in favor of the plaintiff.

BACKGROUND

This matter arises from a dispute over the interstate delivery of fruit to plaintiffs customer’s facility. Plaintiff sued defendant in state court in North Carolina, claiming defendant negligently transported the fruit. Defendant removed the case to this Court based on plaintiff’s…