Galloway, Johnson, Tompkins, Burr & Smith has secured a significant victory in a cargo loss claim case in federal court. Managing Director Jason Waguespack and Associate Sam Fuller led the firm’s efforts in representing our client.
The case involved the ocean carriage of 333 containers of cargo from Vietnam to San Diego aboard a vessel chartered by our client. The vessel encountered a dangerous low-pressure system after leaving Vietnam, and during the hazardous weather conditions, the stow collapsed, causing cargo damage with a claimed value of over $25 million.
The cargo owners aggressively pursued multiple theories of recovery, involving depositions, thousands of documents, and various experts, in an effort to defeat the Carriage of Goods by Sea Act’s (COGSA) limitation of liability. At the close of discovery, the parties filed competing motions for partial summary judgment on the issue of the applicability of COGSA and its per package limitation. Galloway’s motion argued that COGSA was applicable and damages should be limited to $500 per package.
After eight months, the Court issued a 91-page decision, finding that COGSA and its $500 per package limitation are applicable to this carriage – a significant and positive outcome for our client.
Galloway partners with our clients as trusted advocates, and our team goes the extra mile to get the best possible results for our clients. Our dedicated 24/7 Emergency Response Team provides rapid response and immediate representation for maritime cases such as this one. We are committed to protecting our clients’ business with proactive representation, diligence, and extensive expertise in specialized industries.