Legal Opinion

Mayflower Transit, Inc. v. Davenport

Indiana Court of Appeals

Decided August 18, 1999No. 71A03-9810-CV-448PublishedCited by 12 opinions

1Opinion of the Court

OPINION

NAJAM, Judge

STATEMENT OF THE CASE

Lea Oleta Davenport filed a Statement of Claim against Mayflower Transit Co., Inc. (“Mayflower”) in the Small Claims Division of St. Joseph Superior Court alleging that carrier negligence resulted in damage to her furniture. After a hearing, the trial court awarded Davenport $2,000.00 in equity for water damage to her household goods.

We affirm.

ISSUES

In this appeal from a small claims judgment, Mayflower presents three issues for our review, which we restate as:

1. Whether Davenport’s state law negligence claim is preempted by the Carmack Amendment to the…

2Cases cited17 opinions

  1. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  2. Edward and Nancy Hughes v. United Van Lines, Inc., and 291 Sisser Brothers, Inc.Court of Appeals for the Seventh Circuit · 1987
  3. American Synthetic Rubber Corporation and American Rubber & Chemical Company v. Louisville & Nashville Railroad CompanyCourt of Appeals for the Sixth Circuit · 1970
  4. Juliet M. D. Anton v. Greyhound Van Lines, Inc.Court of Appeals for the First Circuit · 1978
  5. City of Dunkirk Water & Sewage Dept. v. HallIndiana Supreme Court · 1995

12 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Homer v. BurmanIndiana Court of Appeals · 2001
  2. LTL TRUCK SERVICE, LLC v. Safeguard, Inc.Indiana Court of Appeals · 2004
  3. Truck City of Gary, Inc. v. Schneider National LeasingIndiana Court of Appeals · 2004
  4. Page v. PageIndiana Court of Appeals · 2006
  5. Eppl v. DiGiacomoIndiana Court of Appeals · 2011

7 more not listed; retrieve them via the Exa API.

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