Tokio Marine & Fire Insurance v. Nippon Express U.S.A. (Illinois), Inc.

ORDER RE: STIPULATED LIABILITY OF DEFENDANT; CROSS MOTIONS FOR SUMMARY JUDGMENT AS TO DAMAGES

I. Introduction

This action arises out of cargo damage to a shipment of car radio components that were aboard the M/V Brooklyn Bridge, on or about November 20, 1998. The cargo was in transit from Kobe, Japan to Rush-ville, Indiana, via the Port of Long Beach, California. The cargo is alleged to have been damaged while being discharged at the Port of Long Beach. As a result of the damage to the cargo, plaintiff Tokio Marine and Fire Insurance Co., Ltd. (“Tokio Marine”) paid its assured, owner/consignee Fujitsu Ten, $710,470.00. Tokio Marine brings this action against defendants to recover the payments made to its assured.

Tokio Marine filed its complaint in the Superior Court for the County of Los An-geles on August 19, 1999, against defendants Nippon Express U.S.A. (Illinois), Inc., Nippon Express Co., Ltd. (collectively “Nippon”) and International Transportation Service, Inc. (“ITS”). The complaint alleges claims for damage to cargo, breach of contract, negligence and breach of duty to care for property in bailment against all defendants, and for breach of warranty of workmanlike…