440 S.E.2d 234 | Ga. Ct. App. | 1993
On or about May 1, 1991, Christopher Edwards Companies, Inc. (“Edwards”) sold 1,980 cases of lemon meringue pie to San Juan Supply Corporation for ultimate delivery to Burger King Corporation. The pies were shipped from the Edwards’ facility in Atlanta, Georgia, to Jacksonville, Florida, via a truck owned by Joseph Land & Company (“Land”). The bill of lading required the cargo to be maintained between zero and ten degrees. Upon arrival in Jacksonville, it was determined that the temperature of the cargo area of the truck was 65 degrees. The pies were returned to Atlanta where they were rejected by Edwards. Edwards later filed suit to recover the value of the pies.
In its complaint, Edwards set forth a state law negligence claim against Land. In its motion for summary judgment, Edwards argued that OCGA § 46-9-1 requires common carriers to exercise extraordinary diligence in transporting goods and Land had failed to exercise such diligence. After Land agreed to stipulate to liability but not damages, the trial court issued an order granting Edwards summary judgment as to liability and a hearing on the issue of damages was set. After conducting a bench trial on the issue of damages the trial court found in favor of Edwards and awarded it damages in the amount of $30,231.44 in principal and $4,982.14 in interest. Following denial of its motion for new trial, Land appeals.
For the first time on appeal, Land raises the argument that the Carmack Amendment to the Interstate Commerce Act, 49 USC § 11707 (a) (1) provides the exclusive remedy of an interstate shipper
Judgment vacated and remanded.