Comsource Independent Food-Service Companies, Inc. v. Union Pacific Railroad

Union Pacific Railroad Company (UP), carrier for Comsouree Independent Food Service Companies, Inc. (Comsouree), appeals the district court’s denial of its motion for summary judgment. UP claims that the one year statute of limitations contained in a document titled UP EXEMPT 1-F (the “Tariff”) bars this suit brought by Corn-source approximately fourteen months after UP rejected Comsource’s claim that a shipment of frozen vegetables were damaged while in UP’s possession. We AFFIRM.

I.

Comsouree is a member-owned cooperative, comprised of independently owned and operated food service and non-food distributors. Comsouree frequently used UP for its shipment of food products. As part of their ongoing business relationship, on September 25, 1990, UP had sent Comsouree a copy of the Tariff, which is on file with the Interstate Commerce Commission. 1 According to Item 7, Section 3(b) of the Tariff, the statute of limitations within which a shipper may file suit against the carrier is one year from the day the carrier gives notice in writing to the shipper of its denial of shipper’s loss and damage claim. 2 Item 8 of the Tariff provides that a shipper may select terms set forth in 49…