Medtronic, Inc. v. Roadway Express, Inc.

MEMORANDUM

This case arises from an accident in which equipment being shipped by Medtronic pursuant to a contract with Federal Express (“FedEx”) was destroyed in a truck crash. After the goods were delivered to FedEx for shipment from Califor *433 nia to Arizona, FedEx transferred the goods to Loretta Lima Transportation Corp. (“Lima”) for transportation. It was Lima’s truck that crashed. After settling with FedEx up to their contractual liability limit, Medtronic sued Lima for the balance of its loss. Lima asserted an affirmative defense under the Carmack Amendment, 49 U.S.C.A. § 14706 . After a two-day trial, a jury found that Lima was covered by the limitation of liability provision in the FedEx-Medtronic agreement. The district court judge subsequently granted a Judgment as Matter of Law (“JMOL”), Fed. R.Civ.P. 50(b), (c), in favor of Medtronic and alternatively granted Medtronic a new trial, Fed R. Civ. P. 50(c)(1). Both parties filed cross claims.

A JMOL is proper if the evidence, construed in the light most favorable to the non-moving party, permits only one reasonable conclusion, and that conclusion is contrary to the jury’s verdict. Amarel v. Connell, 102 F.3d 1494,…