The Otto Gerdau Co. v. Lambert's Point Docks, Inc.

K.K. HALL, Circuit Judge:

The Otto Gerdau Company (Otto Gerdau) brought this diversity action against Lambert’s Point Docks, Inc. (Lambert’s Point) to recover for losses it incurred when cocoa beans, which it had purchased and which were stored in defendant’s warehouse, became infested by cocoa moths. Following a bench trial, the district court held that plaintiff had failed to sustain its burden of proving defendant’s negligence and entered judgment in favor of Lambert’s Point. From this judgment, Otto Gerdau appeals. Because we conclude that the district court erroneously allocated the…