Hicks v. BHY Trucking, Inc.

OPINION

The instant appeal concerns a shipping contract allegedly breached through damage of the goods in transit. Respondent carriers moved for summary judgment on the ground that appellant shipper had failed to comply with a contractual requirement contained in the bill of lading, which required the shipper to submit a written claim within nine months of delivery. Although the district court granted summary judgment, we have determined that questions of fact exist in regard to respondents’ defense. Accordingly, we reverse.

For purposes of review, all evidence in appellant’s favor will be…