answer Questions & Case Problems, 3, 4 & 6. Answers should be prepared on a separate Word Document and uploaded in the assignment box where it says attach files.
3. In 2004, Ellen Kruger was boarding a flight from San Francisco to Seattle, on her way home from Australia, when she was struck on the head with a backpack swung by another passenger. During the flight she became ill, vomited, and remained unconscious for much of the flight. She sued the airline for pain and suffering, emotional distress, and punitive damages. Her husband also sued for loss of consortium and companionship of his wife. United Airlines argued that these were not compensable damages under the Montreal Convention. Does the Montreal Convention specify what types of damages are recoverable or whether the husband may bring an action? How is this decided? Kruger v. United Airlines, Inc. 481 F. Supp. 2d 1005 (N.D. Cal. 2007.) How would this case be decided if the injuries were the result of the aircraft plunging into the middle of the Pacific Ocean?
4. Fishman shipped a container of boys’ pants on a ship owned by Tropical. The container was lost at sea due to improper storage. The pants were packed into bundles of 12 each and placed into what is known in the industry as a “big pack.” A “big pack” is similar to a 4’ × 4’ pallet, partially enclosed in corrugated cardboard, with a base and cover made of plastic. The bill of lading stated, “1 × 40 ft. [container] STC [said to contain] 39 Big Pack Containing 27,908 units boy’s pants.” Fishman maintains that Tropical is liable for an amount up to $500 for each of the 2,325 bundles. If the carrier is liable for up to $500 per “package,” what is the limit of the carrier’s liability? Fishman & Tobin, Inc. v. Tropical Shipping & Const. Co., Ltd., 240 F.3d 956 (11th Cir. 2001).
6. Sony Corp. packed a shipment of videocassette tapes into a 40-foot ocean container for transport to England. Sony put the tapes into 1,320 cardboard cartons, then strapped the cartons onto 52 wooden pallets. The pallets were put into one shipment container. The bill of lading stated “1 × 40 ft. container: 1,320 ctns. magnetic tape.” The value of the tapes shown on the export certificate was $400,000. On loading, the ship’s deck crane dropped the container 60 feet to a concrete deck. Sony claims it can recover the value of the tapes. The ship maintains that under COGSA its liability is limited to 52 pallets. How many “packages” were involved here and what do you think should be the outcome? Sony Magnetic Products Inc. of America v. Merivienti O/Y, 863 F.2d 1537 (11th Cir. 1989).
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