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SMITH v. UNITED PARCEL SERVICE

No. 01-14463.

296 F.3d 1244 (2002)

Frank H. SMITH, Harriett C. Smith, Plaintiffs-Appellants, v. UNITED PARCEL SERVICE (UPS), Defendant, Pamela Burnette Marlow, United Parcel Service, Inc. (Ohio), et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 11, 2002.

Attorney(s) appearing for the Case

John A. Owens, Owens & Almond, LLP, Denise L. Evans, Tuscaloosa, AL, for Plaintiffs-Appellants.

Rusha C. Smith, John E. Goodman, Bradley, Arant, Rose & White, LLP, Birmingham, AL, Ruth N. Borenstein, Paul T. Friedman, Morrison & Foerster, LLP, San Francisco, CA, J. Mark White, White, Dunn & Booker, Birmingham, AL, for Defendants-Appellees.

Before ANDERSON, DUBINA and BLACK, Circuit Judges.

DUBINA, Circuit Judge:

Frank and Harriett Smith (the "Smiths") appeal the district court's dismissal of their claims for fraud, negligence, wantonness, or willfulness, and outrage against the United Parcel Service ("UPS") and Pamela Burnett Marlow ("Marlow"), a UPS delivery person. The district court dismissed the Smiths' claims as preempted by the Carmack Amendment, 49 U.S.C. § 14706 (1994). We agree with the district court and hold that the Carmack Amendment...

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