NEW ORLEANS — An insurance firm and and consignee are suing two cargo carriers, alleging negligence caused property damage.
National Union Fire Insurance Company of Pittsburgh and Gerber Agri International LLC filed a lawsuit June 6 in the U.S. District Court for the Eastern District of Louisiana against Dole Ocean Cargo Express Inc. and the M/V Dole Honduras, alleging breach of duty and negligence in their obligations and duties as common carriers of merchandise by water.
According to the complaint, on Oct. 27, 2014 and Nov. 10, 2014, Gerber Agri delivered to the defendants two shipment of frozen chicken leg quarters to be delivered to the consignee. While in transit, the suit says, the leg quarters were damaged, causing the plaintiff to sustain damages of $43,936.00, no part of which has been paid although duly demanded.
The plaintiffs allege the defendants failed to maintain the proper temperature for frozen products.
National Union Fire Insurance and Gerber Agri International seek a trial by jury, judgment of $43,936, interest, legal costs and disbursements, and other relief as is be deemed proper. They are represented by attorneys Gregory L. Ernst of Ernst Law Firm PLLC in New Orleans, and Nathan T. Williams of Kennedy Lillis Schmidt & English in New York.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-08587