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United States District Court for the District of Arizona
September 27, 2005, Decided
CV 04-251 TUC DCB
Pending before this Court is Defendant's Motion for Summary Judgment. For the reasons set forth below, Defendant's motion is granted. 1
[**2] I. INTRODUCTION
Defendant is and was an interstate motor carrier of household goods and personal property (a.k.a., a moving company), and operates under the authority of the Federal Motor Carrier Safety Administration of the United States Department of Transportation. In January of 2004, Plaintiffs contracted with Defendant for the shipment of Plaintiffs' household goods and personal property from Florida to Arizona.
On January 22, 2004, Plaintiff Robert Gendler signed a "Florida Estimated Cost of Services," which estimated that the total cost of Defendant's services would be $ 1,472.69. (Defendant's Exhibit 4) In a section with the admonishment, "PLEASE READ CAREFULLY," the estimate explained, "The total cost of your move cannot exceed the amount of the written estimate." (Id.) However, in a later section entitled "Important Notice," the estimate further explained,
In order for the estimate to be accurate, you must disclose all information relevant to the move. In the event of unforeseen circumstances, including but not limited to the decision to add items or remove items on the day of the move,… additional charges may be incurred that were not incorporated [**3] within this estimate. An Addendum to this estimate will be presented at the time any such circumstances arise.
On January 30, 2004, Plaintiff Yorkys Ramirez signed a "Uniform Household Goods Bill of Lading and Freight Bill." (Defendant's Exhibit 2) 2 Immediately [*927] above the space on the "Bill of Lading" where Plaintiff Ramirez filled in her name and Florida address, was the following statement: "Received, subject to classifications, tariffs, rules and regulations including all terms printed or stamped hereon or on the reverse side hereof in effect on the date of issue of this bill of lading." (Id.) On the reverse side of the "Bill of Lading," were set forth the "Contract Terms and Conditions." (Id.) Section 4 of the "Contract Terms and Conditions," provides,
If for any reason other than the fault of the carrier, delivery cannot be made…, carrier, at its option, may cause articles contained in shipment to be stored in a warehouse selected by it at the point of delivery or at other available points, at the cost of the owner, and subject to a lien for all accrued tariff charges.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
464 F. Supp. 2d 925 *; 2005 U.S. Dist. LEXIS 44643 **
Robert Gendler and Yorkys Ramirez, Plaintiffs, v. All Pro Van Lines, Inc., Defendant.
Subsequent History: Affirmed by Gendler v. All Pro Van Lines, 2009 U.S. App. LEXIS 412 (9th Cir. Ariz., Jan. 8, 2009)
Plaintiffs', bill of lading, preempted, estimate, carrier, Carmack Amendment, state law claim, interstate, summary judgment motion, transportation, summary judgment, non-moving, infliction of emotional distress, moving party, genuine
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Evidence, Burdens of Proof, Burden Shifting, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Evidentiary Considerations, Scintilla Rule, Transportation Law, Carrier Duties & Liabilities, Bills of Lading, Damages, Federal & State Interrelationships, Federal Common Law, Preemption, Interstate Commerce, Federal Preemption, Torts, Intentional Torts, Intentional Infliction of Emotional Distress, General Overview