Hartford Fire Ins. v. Trans World Airlines, Inc.

MEMORANDUM ORDER RE SUMMARY JUDGMENT

This is an insurer-subrogee’s action to recover for loss of or damage to goods during their carriage by air. Because the carriage was international in character, originating in France, Italy and Spain and terminating in California, liability is governed by the Warsaw Convention, 49 Stats. 3000 (1934), T.S. No. 876, re-printed at, 49 U.S.C. § 1502 note. Defendant moved for summary adjudication on the issue of calculation of damages. At the hearing on the motion, it appeared to the Court that the entire controversy could be disposed of if an appropriate further stipulation could be entered into. The parties have entered into a further stipulation of facts and have filed supplemental briefing as well. The parties now are agreed on all of the material facts; the matter is ripe for summary judgment.

All of the goods involved are items of clothing. Four shipments are involved. With respect to each shipment, only a portion of the goods shipped was lost or damaged. For example, the shipment under Air Waybill 015-84963900 consisted of four cartons weighing approximately 113 lbs. (51.4 kg.) and containing leather wearing apparel. Two items were…