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SOMPO JAPAN INS. v. UNION PACIFIC RAILROAD CO.

Docket No. 04-4066-CV.

456 F.3d 54 (2006)

SOMPO JAPAN INSURANCE COMPANY of AMERICA, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 10, 2006.

Attorney(s) appearing for the Case

David T. Maloof, Maloof Browne & Eagan LLC, Rye, N.Y. (Thomas M. Eagan, on the brief), for Plaintiff-Appellant.

Barry N. Gutterman, Barry N. Gutterman & Associates, P.C., New York, N.Y. (Robert Briere, on the brief), for Defendant-Appellee.

Before: WESLEY and HALL, Circuit Judges, and TRAGER, District Judge.

WESLEY, Circuit Judge:

A shipment of thirty-two tractors, en route from Tokyo, Japan to Swanee, Georgia, was severely damaged when the train carrying the cargo derailed in Texas. The cargo owner, Kubota Tractor Corporation ("Kubota"), collected the full value of the tractors — $479,500 — from its insurer, Sompo Japan Insurance Co. of America ("Sompo"). Subrogating Kubota's claim, Sompo then brought this suit against defendant-appellee Union Pacific Railroad...

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