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JUDY-PHILIPPINE v. S/S VERAZANO BRIDGE

December 23, 1991

JUDY-PHILIPPINE INC., PLAINTIFF,
v.
S/S VERAZANO BRIDGE, S/S LALANDIA, S/S HYUNDAI COMMANDER, THEIR ENGINES, BOILERS, TACKLE, ETC., HYUNDAI MERCHANT MARINE CO., LTD., PAC BRIDGE SHIPPING, LTD., DEFENDANTS. HYUNDAI MERCHANT MARINE CO. LTD., DEFENDANT AND THIRD-PARTY PLAINTIFF, V. LAND BRIDGE TERMINAL, INC., THIRD-PARTY DEFENDANT.



The opinion of the court was delivered by: Sweet, District Judge.

  OPINION

Plaintiff Judy-Philippine, Inc. ("Judy-Philippine"), defendants Hyundai Merchant Marine Co., Ltd. ("Hyundai"), and Pac Bridge Shipping, Ltd. ("Pac Bridge"), and third-party defendant Land Bridge Terminal, Inc. ("Land Bridge") have all moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, Judy-Philippine's motion for summary judgment is granted as to liability and is otherwise denied. The motions for summary judgment filed by Hyundai, Pac Bridge, and Land Bridge are denied.

The Parties

Judy-Philippine is a New York corporation with its principal place of business in New York. It is primarily an importer of children's garments.

S.S. Verazano Bridge, S.S. Lalandia, and S.S. Hyundai Commander, their engines, boilers, tackle, etc., are ocean-going cargo vessels owned and operated by Hyundai.

Hyundai is a foreign corporation with an office and place of business in care of its general agent, Hyundai Merchant Marine (America) Inc., in Gardena, California, and Fort Lee, New Jersey.

Pac Bridge is a foreign corporation operating as a Non Vessel Owning Common Carrier.

Land Terminal is a foreign corporation with an office and place of business in Secaucus and North Bergen, New Jersey.

Proceedings

Judy-Philippine filed this action against the S.S. VERAZANO BRIDGE, S.S. HYUNDAI COMMANDER, S.S. LALANDIA, their engines, boilers, tackle, etc., Hyundai and Pac Bridge (collectively the "Defendants") under the Carriage of Goods by Sea Act, 46 U.S.C. app. § 1300 et seq. on October 25, 1989. An amended complaint was filed on October 27, 1989.

Hyundai filed an answer to the Amended Complaint on August 4, 1990. The answer included a cross-claim against codefendant Pac Bridge. Pac Bridge filed its answer on August 8, 1990, which asserted a cross-claim against Hyundai.

On August 6, 1990, Hyundai filed a third-party complaint against Land Bridge. Land Bridge answered on September 17, 1990.

Discovery was had and on June 28, 1991, Hyundai moved for summary judgment dismissing Judy-Philippine's complaint against it. Land Bridge filed it motion for summary judgment against Judy-Philippine and Hyundai on July 12, 1991. On November 1, 1991, Judy-Philippine filed an amended notice of motion seeking summary judgment against Hyundai and Pac Bridge. Finally, Pac Bridge's notice of motion seeking dismissal of Judy-Philippine's complaint against it was filed on November 5. Oral argument was heard on November 7, 1991, and the motions were considered submitted as of that date.

The Facts

Judy-Philippine contracted to purchase three shipments of children's garments from its supplier in Hong Kong, the PiRa Company ("PiRa"). The clothes were made by PiRa's factory in Hong Kong, Accoship Limited, and were loaded into containers and sealed at the PiRa factory. Judy-Philippine arranged ...


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