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SONY COMPUTER ENTERTAINMENT, INC. v. NIPPON EXP. U.S.A. (ILLINOIS), INC.

No. 03 CIV. 2129(LLS).

313 F.Supp.2d 333 (2004)

SONY COMPUTER ENTERTAINMENT INC., Sony Computer Entertainment America, and Mitsui Sumitomo Insurance Co., Ltd., Plaintiffs v. NIPPON EXPRESS U.S.A. (ILLINOIS), INC., and Nippon Express Co., Ltd., Defendants and Third-Party Plaintiffs v. Norfolk Southern Railway Company, Hyundai Merchant Marine Co., Ltd., and H & M International Transportation Inc., Third-Party Defendants.

United States District Court, S.D. New York.

April 9, 2004.

Attorney(s) appearing for the Case

Bigham Englar Jones & Houston, NY, for Plaintiffs (Robert J. Phillips, of counsel).

Maloof Browne & Eagan, Rye, NY, for Defendants and Third-Party Plaintiffs (David T. Maloof Thomas M. Eagan, of counsel).

Memorandum and Order

STANTON, District Judge.

Plaintiffs move for partial summary judgment holding defendant Nippon Express U.S.A. (Illinois) Inc. ("Nippon") liable for the full amount of the plaintiffs' actual loss. Nippon cross-moves for summary judgment holding that Nippon's liability is limited. Nippon does not contest that the loss was caused by its agent Norfolk Southern's negligence.

Facts

Plaintiff Sony Computer Entertainment...

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