United States Fifth Circuit

Summary judgment in favor of defendant-carrier on a Carmack Amendment to the Interstate Commerce Act claim finding that defendant was not liable for weather-related damage to a printing press during shipment is vacated where defendant could not establish as a matter of law that it was not negligent and that the damage was attributable to plaintiff.

Appellate Information

• Decided 01/26/2006
• Published 01/26/2006

Judges

• EMILIO M. GARZA, Circuit Judge:, Before REAVLEY, HIGGINBOTHAM and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Hatchett McFarland (argued), Winstead, Sechrest & Minick, Houston, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Michael W. Magee, Shannon Robbie Ramirez (argued), Lisa Causey Mayr, Hays, McConn, Rice & Pickering, Houston, TX, for Defendants.