Vision Air Flight Service, Inc. v. M/V National Pride

Appellant Vision Air Flight Service, Inc. (“Vision Air” or “Vision”) appeals the district court’s grant of partial summary judgment in favor of Appellees Madrigal-Wan Hai Lines Corp. and M/V National Pride (collectively, “Madrigal”) limiting Madrigal’s liability to $1000 for the destruction of two airport refueling trucks (“the refuelers”) that Madrigal contracted to ship and allegedly destroyed. Because the evidence, viewed in the light most favorable to Appellant, creates a triable issue as to whether one of the refuelers was destroyed intentionally, we vacate the district court’s grant of partial summary judgment as to liability for damage to that refueler and remand for further proceedings.

I

Vision Air purchased two refurbished airport refueling trucks (the “refuelers”) from a Kansas supplier. The refuelers were purchased for use at the Subic Bay International Airport in the Republic of the Philippines. Through an intermediary, Vision Air arranged to have the refuelers shipped from Oakland, California to Manila.

In October 1995, Madrigal issued its bill of lading to serve as the contract of carriage for the shipment of the refuelers. The bill of lading included a clause…