United States Second Circuit

Summary judgment for defendants in a suit by an insurer, as a subrogee alleging negligence and breach of contract regarding a transport of goods, is vacated where the district court erred in finding that plaintiff had failed to submit sufficient evidence to establish a prima facie case of liability under the Carriage of Goods by Sea Act.

Appellate Information

• Decided 12/28/2005
• Published 12/28/2005

Judges

• CALABRESI, Circuit Judge., Before:  WALKER, Chief Judge, CALABRESI and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edward C. Radzik, Donovan Parry McDermott & Radzik (Carolyn E. Meers, on the brief), New York, N.Y., for Plaintiff-Appellant.


• For Appellees:
  
• Chester D. Hooper, Holland & Knight (James H. Power, on the brief), New York, N.Y., for Defendants-Appellees.