Alabi v. DHL Airways, Inc.

OPINION

HERLIHY, Judge.

This is a breach of contract action filed by plaintiff Mabayomije Alabi [plaintiff] against defendant DHL Airways, Inc. [DHL], seeking compensatory and punitive damages 1 for DHL’s failure to deliver an express document envelope, which allegedly contained $15,000 in cash.

DHL has moved for summary judgment arguing that due to plaintiff’s intentional misrepresentation of the contents of the envelope, both the contract of carriage and the contract of insurance are unenforceable. In the alternative, DHL argues that its liability on the contract of carriage is contractually…