Colonial Williamsburg, Inc. v. Old Dominion Freight Line

By JUDGE EDWARD L. RYAN, JR.

This law action comes before the court on defendant’s Plea of Limitation of Action based on 8 2(b) of the Uniform Domestic Straight Bill of Lading which requires written notice of claim for damages to any shipment of goods within nine months of delivery. The parties stipulate (or concede) that the goods were damaged, that defendant had actual knowledge of the damage on the day of delivery, and that plaintiff did not serve on or mail to defendant any formal, written notice of claim. The document (Memorandum) accompanying the goods provided that the shipment "shall…