G & T TRUCKING CO. v. GFI America, Inc.

OPINION

CRIPPEN, Judge.

Respondent G & T Trucking, Inc. sued appellant Goldberger Foods for interstate shipping charges. At the close of respondent’s case in chief, Goldberger moved for a directed verdict on the grounds that respondent’s failure to prove its filed tariff rate constituted the omission of an essential element of its case. The trial court denied the motion and the jury later returned a verdict in favor of G & T. On the appeal perfected from the judgment, we reverse and remand the trial court’s decision on appellant’s motion for a directed verdict.

FACTS

G & T Trucking provided…