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INDUSTRIAL RISK INS. v. UPS

746 A.2d 532 (2000)

328 N.J. Super. 584

INDUSTRIAL RISK INSURANCE, as Subrogee of Seiko Corporation of America, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 2000.

Attorney(s) appearing for the Case

Mark L. Antin, Parsippany, for plaintiff-appellant (Gennet, Kallmann, Antin & Robinson, attorneys; Mr. Antin and Francie E. Joseph, on the brief).

E. Evans Wohlforth, Newark, for defendant-respondent (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Wohlforth, on the brief).

Before Judges WALLACE, Jr., and LESEMANN.

The opinion of the court was delivered by LESEMANN, J.A.D.

This case involves a theft, from Seiko Corporation of America (Seiko), of products which Seiko had loaded onto a United Parcel Service (UPS) owned trailer, for pickup and later delivery by UPS. The two companies had a longstanding relationship which included a pattern (sanctioned by federal law known as the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C.A. § 14706) under which the shipping...

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