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WARD v. ALLIED VAN LINES, INC.

Nos. 99-1338, 99-1746.

231 F.3d 135 (2000)

Michael A. WARD; Kimberly Ward, Plaintiffs-Appellees, v. ALLIED VAN LINES, INCORPORATED, a Delaware corporation; Academy, Incorporated, d/b/a Academy Moving & Storage, d/b/a Academy/Allied Moving & Storage, a California Corporation; J.D. Carton & Son, Incorporated, a New Jersey corporation; Samuel Smith, Defendants-Appellants, and Norfolk Southern Railway Company, Defendant. Michael A. Ward; Kimberly Ward, Plaintiffs-Appellees, v. Allied Van Lines, Incorporated, a Delaware corporation; Academy, Incorporated, d/b/a Academy Moving & Storage, d/b/a Academy/Allied Moving & Storage, a California Corporation; J.D. Carton & Son, Incorporated, a New Jersey corporation; Samuel Smith, Defendants-Appellants, and Norfolk Southern Railway Company, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: November 2, 2000.

Attorney(s) appearing for the Case

Gregory Charles York, and Anna L. Baird, Morris, York, Williams, Surles & Barringer, L.L.P., Charlotte, North Carolina, for Appellants.

Barry Sidney Cobb, and R. Scott Brown, Yates, Mclamb & Weyher, L.L.P., Raleigh, North Carolina, for Appellees.

Before WILLIAMS, MICHAEL, and KING, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILLIAMS and Judge KING joined.

OPINION

MICHAEL, Circuit Judge:

This case arises under a federal statute, known as the Carmack Amendment, which makes motor carriers liable as virtual insurers for loss or damage to the goods they transport. See 49 U.S.C. § 14706(a)(1) (1997) (amending and recodifying 49 U.S.C. § 11707...

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