5D02-1168 Braid Sales v. R L Carriers

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-1168

Case Date: 01/20/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003 BRAID SALES & MARKETING, INC., d/b/a FULL HOUSE COMPANY, Appellant, v. R & L CARRIERS, INC. Appellee. / Opinion filed January 24, 2003 Appeal from the Circuit Court for Brevard County, Lisa Davidson Kahn, Judge. George W. Maxwell III, Judge Allan P. Whitehead of Frese, Nash & Hansen, P.A., Melbourne for Appellant. Mark D. Shuman of Gray, Harris & Robinson, P.A., Melbourne for Appellee. PALMER, J. Braid Sales & Marketing, Inc. appeals from a final judgment entered in its favor against R&L Carriers, Inc., which limited its damage claim to $3,612.55. Concluding that the trial court improperly applied the limitations of the Carmack Amendment1 to this case, we reverse the final judgment. Braid sued R&L, an interstate carrier of goods, seeking compensation in excess of $15,000.00 for damages to machinery shipped via R&L. Count I alleged a claim for negligence, and Count II alleged a claim for breach of an oral contract pursuant to which R&L promised to pay Braid the full cost of repairing Case No. 5D02-1168

The Carmack Amendment, 49 U.S.C.

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