AME, INC. v. Consolidated Freightways

REIF, Judge.

Interstate carrier, Consolidated Freightways, appeals the award of attorney fees to the shipper, AME, Incorporated, following a non-jury trial and judgment in favor of AME. Carrier points out that this action was pursuant to 49 U.S.C. § 11707 (1982), governing a carrier’s liability for goods damaged during an interstate shipment, and stresses that this federal statute is silent concerning recovery of attorney fees. Carrier contends that section 11707 preempts state law on all issues of a carrier’s liability and argues the trial court erred in applying 12 O.S.1981 § 940,…