Morville

Plaintiff (Morville) sought damages from defendants Scriptomatic, Inc., (Scriptomatic) and United Parcel Service (UPS) for breach of contract, negligence and conversion for the loss of unique and irreplaceable mailing lists. The trial court granted UPS’ motion for summary judgment.

*554 Facts

Morville is a mail order postage stamp dealer whose sales are accomplished by advertising in national and international publications. It develops mailing lists from responses of interested buyers and continuously uses and updates these lists.

Morville orally contracted with Scriptomatic to convert their 2,450-name mailing list to cards for use in Scriptomatic’s addressing machines. Morville alleges the contract provided Scriptomatic would have an agent personally pick up and return the mailing list and cards. Scriptomatic delivered the list and cards to UPS for shipment and the package was lost. The contract between UPS and Scriptomatic included a $100 limitation of liability unless excess value was declared. The package in question was delivered to UPS without a declaration of added value.

Morville does not contest the existence of the contract between Scriptomatic and UPS but…