Electro Source, Inc. v. United Parcel Service, Inc.

Good Law
95 F.3d 837·96 Daily Journal DAR 10964·1996 WL 506915·1996 U.S. App. LEXIS 23435·96 Cal. Daily Op. Serv. 6714
United States Court of Appeals for the Ninth CircuitSeptember 9, 1996No. 94-56201California1,789 words

Opinion

Lead Opinion

Beezer, J.

Electro Source, Inc. (“ESI”) brought an action under the Federal Bills of Lading Act (“FBLA”), 49 U.S.C.App. §§ 81-124, 1 alleging that United Parcel Service, Inc. (“UPS”) misdelivered two international shipments of video games. After a jury trial, the district court granted judgment as a matter of law in favor of UPS. ESI appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand.

I

In July 1992, ESI received two orders from Importalavera, a company located in Spain, for video games and accessories. The orders were packaged into two shipments, one valued at approximately $35,000, and the other at $50,000. ESI contacted UPS to *838 arrange for transportation of the shipments, and it prepared waybills for each shipment. On each waybill, ESI listed the name and address of Caja de Madrid, a bank located in Talavera, Spain, in a box titled “consignee.” 2 At the bottQm of that same box, ESI typed in “RE: IMPORTALAVERA.”

UPS transported the two shipments to Caja de Madrid. On two different days, UPS agent drivers physically brought the shipments to the bank. Upon arrival, the drivers entered the bank to get instructions on where to deposit the shipments. In…

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