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FINE FOLIAGE OF FLORIDA, INC. v. BOWMAN TRANSP.

No. 89-3057.

901 F.2d 1034 (1990)

FINE FOLIAGE OF FLORIDA, INC., Plaintiff-Appellee, v. BOWMAN TRANSPORTATION, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 22, 1990.

Attorney(s) appearing for the Case

Kenneth E. Cohen, Kroll & Tract, Miami, Fla., for defendant-appellant.

Harlan L. Paul, Zimmerman, Paul & Baler, DeLand, Fla., for plaintiff-appellee.

Before KRAVITCH and CLARK, Circuit Judges, and ATKINS, Senior District Judge.

KRAVITCH, Circuit Judge:

This case involves an appeal by a common carrier, Bowman Transportation, Inc. ("Bowman"), from the district court's order finding it liable to Fine Foliage of Florida, Inc. ("Fine Foliage"), for the value of ferns damaged due to an incorrect temperature setting on a refrigerated container unit. Bowman contends that the lower court erred in finding that Fine Foliage established a prima facie case under the Carmack Amendment, 49 U.S.C. §...

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