Dictor
Dictor v. David & Simon, Inc.
Opinion
Opinion
Turner, J.
I. Introduction
Plaintiff, Johanne Dictor doing business as CPCI, the assignee of Manhattan Transportation Company, Inc. (Manhattan), appeals from a summary judgment entered in favor of defendants, Julian Gonzalez doing business as Gonzalez Trucking, and David & Simon, Inc., doing business as GTW (GTW). Plaintiff sought damages for computer equipment that was lost while being shipped in interstate commerce. Based upon a bill of lading which was prepared and signed by an employee of plaintiff’s assignor, Manhattan, the trial court held the total amount plaintiff could recover was $7,106. Because the trial court correctly found this case is controlled by the Carmack Amendment to the Interstate Commerce Act and the $7,106 computation in the bill of lading must be enforced, we affirm the judgment.
II. Background
A. The Pleadings
The first amended complaint, which is the operative pleading, alleged that Manhattan hired defendant, GTW, to transport by truck computer equipment from Carson, California to Las Vegas, Nevada. The computer equipment had a market value of no less than $267,488. Thereafter, GTW hired Mr. Gonzalez and Bolanos Trucking to deliver the computer…