KVAERNER E & C (METALS) v. Yellow Freight Systems, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Plaintiff Kvaerner E & C (Metals) filed this action against defendant Yellow Freight System, Inc. under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706 . Plaintiff’s claim arises out of a shipment of pumps by defendant to plaintiff in December 1999 and January 2000. Several pumps sustained damage ip. transit. In an April 4, 2003 Order, I granted plaintiffs motion for summary judgment on the issues of liability and the amount of damages, except for interest. Remaining for trial was the issue whether plaintiff gave defendant timely and adequate written notice of claim.

Trial commenced on May 5, 2003. Having considered and weighed the parties’ undisputed facts and the evidence adduced at trial, and having assessed the credibility of the witnesses, I now make these findings of fact and conclusions of law as required by Federal Rule of Civil Procedure 52(a).

FINDINGS OF FACT

1. On December 80, 1999 and January 4, 5, 11 and 12, 2000, defendant delivered pumps to plaintiffs job site in Calipatria, California. Several pumps had sustained damage in transit. On or about January 6, 2000, defendant inspected some of the pumps…