Bigge Equipment Co. v. Maxpeed Int'l Transport Co.

ORDER GRANTING DEFENDANT MARINE TERMINAL CORPORATION’S MOTION TO DISMISS, OR ALTERNATIVELY MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

Before the Court is Defendant Marine Terminal Corporation’s (“MTC”) motion to dismiss, or alternatively, for summary judgment, on the basis of the running of the statute of limitations. The motion requires the Court to determine whether Plaintiffs Bigge Equipment Co. and Dong-bu Insurance Co., Ltd. (collectively “Plaintiffs”) are time-barred from bringing suit for damage caused to cargo, in part, by MTC. For the reasons stated below, MTC’s motion is GRANTED.

FACTUAL BACKGROUND

On or about February 24, 2000, Defendant Maxpeed International Transport Co., Ltd. (“Maxpeed”) received at Pusan, Republic of Korea, a quantity of cargo consisting of one 1994 Daewoo-Grove telescopic truck crane, model DTC-35, for transportation and delivery by sea to Oakland, California, to Plaintiff Bigge Equipment Co. (“Bigge”) in the same good order and condition. Maxpeed transported the goods to the Port of Oakland, California, where the goods came into possession of MTC as bailee, warehouseman, stevedore, and terminal operator.

On or about February 24, 2000, Max-peed…