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David Walker Defeats UPS in Novel Case - January 2, 2005
In a potentially landmark decision, the international carrier, UPS, was ordered to reimburse a Maine hunter when his elk meat spoiled en route from Colorado to Maine. Because of the broad ramifications of the ruling, UPS has filed an appeal. David Walker, of Eaton Peabody’s Litigation Practice Group represented the successful claimant.
The saga began when two good friends from Maine embarked on an elk hunting trip to Colorado in the fall of 2003. After a successful hunt, the pair arranged for shipping giant UPS to ship their prize frozen steaks back to Maine. Although they paid for UPS Next Day Air shipping, UPS mistakenly transferred the perishable trophy meat by ground. When the meat arrived in a spoiled condition, the disappointed hunters demanded that UPS reimburse them for their loss. UPS refused, citing federal law and the limitation of liability language in its shipping contract.
The Maine District Court’s November 2004 decision followed a trial earlier in the fall. The Court rejected the international shipper’s argument that because the shipping contract was not properly filled out, its obligation under federal law was limited to $100. Instead the Court awarded Bill Varney of Bangor $2800 for 70 pounds of lost elk meat, $200 for the cost of processing the meat in Colorado as well as the $213.66 that UPS charged Varney for shipping.
Because of the potential implications of the ruling on UPS’ contractual liability (this appears to be the first decision of this kind in Maine), the international shipper has appealed the Court’s order. A decision from the appellate court is expected in 2005.
Varney, who was delighted with the Court’s ruling, now ships via Federal Express. Walker was pleased with the Court’s decision and looks forward to defending his hard fought win on appeal.
In a potentially landmark decision, the international carrier, UPS, was ordered to reimburse a Maine hunter when his elk meat spoiled en route from Colorado to Maine. Because of the broad ramifications of the ruling, UPS has filed an appeal. David Walker, of Eaton Peabody’s Litigation Practice Group represented the successful claimant.
The saga began when two good friends from Maine embarked on an elk hunting trip to Colorado in the fall of 2003. After a successful hunt, the pair arranged for shipping giant UPS to ship their prize frozen steaks back to Maine. Although they paid for UPS Next Day Air shipping, UPS mistakenly transferred the perishable trophy meat by ground. When the meat arrived in a spoiled condition, the disappointed hunters demanded that UPS reimburse them for their loss. UPS refused, citing federal law and the limitation of liability language in its shipping contract.
The Maine District Court’s November 2004 decision followed a trial earlier in the fall. The Court rejected the international shipper’s argument that because the shipping contract was not properly filled out, its obligation under federal law was limited to $100. Instead the Court awarded Bill Varney of Bangor $2800 for 70 pounds of lost elk meat, $200 for the cost of processing the meat in Colorado as well as the $213.66 that UPS charged Varney for shipping.
Because of the potential implications of the ruling on UPS’ contractual liability (this appears to be the first decision of this kind in Maine), the international shipper has appealed the Court’s order. A decision from the appellate court is expected in 2005.
Varney, who was delighted with the Court’s ruling, now ships via Federal Express. Walker was pleased with the Court’s decision and looks forward to defending his hard fought win on appeal.
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