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Del Monte Fresh Produce N.A., Inc. v. M/V Lombok Strait, et al., 12 Civ. 3567 (ALC), USDC, SDNY Plaintiff carried its burden under COGSA against Defendant. This case involved a cargo of Del Monte bananas, en route from Guatemala to New Jersey, that prematurely ripened while aboard the M/V Lombok Strait. Del Monte alleged that most of the cargo could not be sold and had to be dumped or donated. The vessel claimed the bananas ripened because they were mature when they were loaded. Del Monte offered credible evidence that the damage was caused by the Vessel’s unseaworthiness: the corroded condition of the inlet ducting that allowed warm, tropical air as well as other gases to enter the holds, retard the cooling of the bananas once onboard and trigger their climacteric phase. The evidence also suggested that the CO2 monitor may have been unwittingly tampered with by a vessel employee, preventing the monitor from making accurate CO2 readings and activating the fresh air fans when necessary. Del Monte’s expert testimony indicated that the stowage of the containers might have contributed by blocking fresh air from entering the ventilation system of Holds 3 and 4 and allowing ethylene released from the containers to enter that system.

TGI Office Automation v. National Electronic Transit Corporation, 13 Civ. 3404 (ARR), USDC, EDNY. This case involves damage to copy machines while in transit during Hurricane Sandy. Plaintiff prevailed at trial defeating defendant\'s Act of God defense. A judgment was entered for the full amount of claim along with interest at the rate of 9%.

 

 

 

 

 

Casey & Barnett

Casey & Barnett LLC was founded in 1999 with the mission of providing clients personal, cost-effective and comprehensive legal services in the fields of Transportation, International Trade, Insurance and Commercial Law. In its founding Admiralty practice, Casey & Barnett specializes in all aspects of maritime law, including casualty, cargo, charter Read More...

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