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ELGHARBAWI v. SELLY

No. C6-91-1875.

483 N.W.2d 490 (1992)

Mohamed ELGHARBAWI, Appellant, v. Mel SELLY, et al., Respondents.

Court of Appeals of Minnesota.

April 7, 1992.

Attorney(s) appearing for the Case

Thomas M. Darden, Dorsey & Whitney, Minneapolis, for Hennepin County Bar Ass'n-Legal Advice Clinic for appellant.

David P. Chameli, Harris & Taylor, Minneapolis, for respondents.

Considered and decided by HUSPENI, P.J., and RANDALL and DAVIES, JJ.

OPINION

RANDALL, Judge.

The trial court granted summary judgment in favor of respondents. The trial court found appellant shipper failed to file a timely claim as required by the bill of lading and was barred from recovery by 49 U.S.C.A. § 11707(a)(1) (West Supp.1991)1, the Carmack Amendment. We reverse and remand.

FACTS

In April of 1989 appellant Elgharbawi (shipper) contacted respondent L & M Marketing...

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