Mohertus Trading Co. v. United Parcel Service Co.

OPINION OF THE COURT

Louis B. York, J.

In this case, plaintiff Mohertus Trading Company (Mohertus) is suing defendant United Parcel Service (UPS) for $10,497, the amount allegedly owed it for goods UPS lost in shipping. UPS has moved for a grant of summary judgment against Mohertus on the grounds that (1) plaintiff does not possess a cause of action against the defendant as a matter of *47law and (2) there exist no triable issues as a matter of law. Defendant neither challenges nor addresses plaintiffs statement of the facts as it contends that even on the facts as plaintiff presents them,…