Konica Business Machines v. Vessel Sea-Land Consumer

ORDER

The memorandum filed on October 24, 1994 is redesignated as an authored opinion.

OPINION

Sea-Land Service, Inc. (“Sea-Land”) appeals the district court’s grant of summary judgment in favor of Konica Business Machines (“Konica”) in Konica’s admiralty action pursuant to 28 U.S.C. § 1333 to recover damages for cargo lost overboard by the vessel Sea-Land Consumer during a voyage from Yokohama, Japan to Long Beach, California in 1991 on which the Konica cargo was stored in a container above deck. Sea-Land argues that the district court erred in ruling that: (1) Konica was entitled to expect below-deck storage under Ingersoll Mill. Mach. Co. v. M/V Bodena, 829 F.2d 293, 299 (2d Cir.1987), cert. denied, 484 U.S. 1042 , 108 S.Ct. 774 , 98 L.Ed.2d 860 (1988) and St. Johns N.F. Shipping Corp. v. S.A. Companhia Geral Commercial do Rio de Janeiro, 263 U.S. 119, 124 , 44 S.Ct. 30, 31 , 68 L.Ed. 201 (1923), where the bill of lading issued by Sea-Land did not contain a statement that the stowage option had been exercised in favor of above-deck storage; and (2) Sea-Land failed to present admissible, relevant evidence of an agreement permitting the cargo to be stowed on deck or of a port…