Procedural Posture

[Saim Khan]

Appellant ship owner sought review of a judgment from the Superior Court of the City and County of San Francisco (California), which denied the ship owner's motion for a new trial and entered judgment and a damage award in favor of respondent cargo owner.

 

Overview: insurance code 11580

The cargo owner initiated a case against the ship owner to recover damages for the careless and negligent handling of the cargo. The lower court entered judgment in favor of the cargo owner, awarded damages, and denied the ship owner's motion for a new trial. The court directed the lower court to modify the damage award because the cargo owner was awarded a greater amount than claimed in his complaint. The court found that the ship owner agreed to carry and deliver the cargo in a safe manner and that the evidence showed that the cargo was damaged through the ship owner's fault or carelessness in loading and unloading. The ship owner had command of the ship and control and management of both the vessel and cargo. The court concluded that there was an implied obligation that the loading and unloading of the cargo was to be done so as not to cause unnecessary injury to the merchandise, and that the cargo owner did not have to prove an express stipulation in the written contract.

 

Outcome

The court directed the lower court to modify its judgment entered in favor of the cargo owner in order to reflect the amount averred to in the complaint.