Motorola, Inc. v. MSAS Cargo International, Inc.

ORDER GRANTING ASIANA AIRLINES’ MOTION FOR SUMMARY JUDGMENT

On October 30, 1998, the Court heard argument on defendant Asiana Mrlines, Inc.’s (“Asiana’s”) motion for summary judgment pursuant to Fed.R.Civ.P. 56. Having carefully considered the moving and opposing papers and the arguments of counsel, and for the reasons set out below, Asiana’s motion is hereby GRANTED, based both on the applicable limitations period as set forth by Article 29 of the Warsaw Convention and on the notice of claim requirements in Article 26 of the Warsaw Convention.

BACKGROUND

This action arises from the alleged damage to a “consignment” of computer equipment shipped from San Francisco, California, and arriving in Tokyo, Japan, on February 10, 1996. (Declaration of Kevin R. Sutherland (Sutherland Deck) ¶ 3, Exhibit A ¶ 5; Declaration of Kevin P. Cummisky (Cummisky Decl.) ¶ 4). Plaintiffs are Motorola, Inc. and Nippon Motorola Ltd., the owners of the cargo, and American Home Assurance Co., Ltd, the subrogated insurer of the consignment. (Sutherland Deck ¶ 3, Exhibit A ¶ 7). No facts are in dispute.

Motorola retained defendant MSAS Cargo International, Inc. (“MSAS”) to arrange for transportation of…