Graham Whitcombe v. Stevedoring Services of America, Doing Business as Pacific Container Terminal

Plaintiff Graham Whitcombe (“Whit-combe”), an Australian citizen, came to the United States in May of 1990 on a business venture. Whitcombe and Paul Rawsthorne (“Rawsthorne”), another Australian, sought to purchase American “muscle cars” for export to and resale in Australia. They expected a substantial profit due to the popularity and scarcity of the cars in their country. After a month-long search, Whitcombe bought two ears, a 1984 Pontiac Trans Am and a 1985 Chevrolet Camaro, for a total of $7,026.35. Rawsthorne also bought two ears, a 1981 Pontiac Trans Am and a 1977 Chevrolet Corvette. Rawsthorne then returned to Australia. Whitcombe engaged a freight forwarder, Dal Ainsa (“Ainsa”) for shipment of all four of the cars. Ainsa telephoned China Ocean Shipping Company (“COSCO”) and booked passage aboard the vessel “TA HE”. The cars were loaded into a container, taken to the loading area at the port of Long Beach, and turned over to Stevedoring Services of America, Inc. (“SSA”). SSA, the sole defendant in this case, provides terminal operation and stevedoring services for COS-CO pursuant to a'written agreement. No dock receipt was issued for the container. While the container was…