United States District Court, S.D. New York
MAPFRE ATLAS COMPANIA DE SEGUROS S.A., a/s/o TECNOMEGA C.A., Plaintiff,
M/V LOA, in rem, and COMPANIA CHILENA DE NAVIGACION INTEROCEANICA S.A. and GENSHIPPING CORP., in personam, Defendants.
Attorney for Plaintiff LAW OFFICES OF THOMAS M. GRASSO, LLC
Thomas M. Grasso, Esq.
Attorney for CCNI MAHONEY & KEANE, LLP Garth S. Wolfson,
W. SWEET U.S.D.J.
Mapfre Atlas Compania de Seguros S.A. ("Mapfre" or
the "Plaintiff") as subrogee of Tecnomega C.A.
("Tecnoraega") has moved pursuant to Rule 56 of the
Federal Rules of Civil Procedure for partial summary judgment
with respect to the port-to-port bill of lading issued to
Tecnomega by Defendants Compania Chilena De Navigacion
Interoceanica S.A. ("CCNI"), Genshipping Corp.
("Genshipping"), and Genshipping's vessel M/V
LOA (together, "Defendants"). CCNI has moved
pursuant to Rule 12(c) of the Federal Rules of Civil
Procedure for partial judgment on the pleadings. At issue is
whether or not Plaintiff's recovery under the Carriage of
Goods by Sea Act of 1936, ch. 228, 49 Stat. 1207 (1936)
(codified as a note to 46 U.S.C. § 30701)
("COGSA"), is limited to the per package limitation
on the facts and conclusions set forth below, CCNI's
motion for partial summary judgment on the pleadings is
granted and Plaintiff's motion for partial summary
judgment is denied.
October 6, 2015, Plaintiff filed its complaint (the
"Complaint") seeking damages of $126, 862.28 for
breach of carrier duties under COGSA and a maritime bill of
lading contract arising out of the disappearance and
non-delivery of 491 out of 989 cartons of computer and
printer pieces (all together, the "Goods") stowed
within a single shipping container, numbered TCNU 811823-2
(the "Container"). (See Compl., Dkt. 1.)
The Container was carried by Defendants aboard the vessel M/V
LOA from Port Everglades, Florida to Guayaquil, Ecuador, in
October 2014. (See Compl. at ¶ 1.)
March 3, 2017, CCNI filed the instant motion for judgment on
the pleadings. (Dkt. 15.) On March 31, 2017, Plaintiff filed
the instant motion for partial summary judgment. (Dkt. 18.)
Both motions were heard and marked fully submitted on May 3,
facts are alleged in the Complaint, Plaintiff's Rule 56.1
Statement of Material Facts, (Dkt. 20), and CCNI's
Declaration Pursuant to Local Rule 56.1(b), (Dkt. 23). The
material facts do not appear in dispute.
Complaint alleges that a shipment of computers and printers
in 989 cartons was delivered to CCNI and, in turn,
Genshipping, for shipment from Miami, Florida, the Place of
Receipt, to Port Everglades, Florida, the Port of Loading,
and, ultimately, to Guayaquil, Ecuador, the Port of Discharge
and Place of Delivery. (See Compl. at ¶¶
11-17.) The Goods were shipped aboard the vessel M/V LOA,
which arrived in Ecuador around October 6, 2014. (Compl. at
¶ 17.) Around October 17, 2014, upon inspection of the
Container, Tecnomega discovered 491 cartons of Goods missing.
(Compl. at ¶ 22.) The Complaint alleges that Plaintiff
sustained $126, 862.28 in damages. (Compl. at ¶ 27.)
of lading, No. BL-USMIA-006901879-8 (the "Bill of
Lading"), was issued by CCNI to cover Defendants'
shipment of the Container. (See Declaration of
Thomas M. Grasso dated March 31, 2017 ("Grasso
Decl."), Ex. C, Dkt. 19; Compl. at ¶ 17.) The Bill
of Lading contains the terms of carriage agreed between the
parties and sets forth, in relevant part, the following
description as to the Container's contents:
of Lading at 1.) The Bill of Lading details the following