Ewig International Marine Corp. v. American Airlines, Inc.

MEMORANDUM OPINION AND ORDER

PALLMEYER, United States Magistrate Judge.

In August 1992, Omniehem S.A. (“Omni-ehem”), a Belgium corporation, contracted with American Airlines, Inc. (“American”) to ship a refrigerated container of vincristine sulfate, a pharmaceutical product, from Belgium to Chicago, Illinois. While the product was in its custody, American misplaced the container for a period of ten days, during which time it was left unrefrigerated and rendered useless by exposure to high temperatures.

Omniehem, through its subrogee Ewig International Marine Corporation (“Ewig”), filed a…