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CHARTIS SEGUROS MEXICO, S.A. v. HLI RAIL & RIGGING

No. 11 Civ. 3238(ALC)(GWG).

3 F.Supp.3d 171 (2014)

CHARTIS SEGUROS MEXICO, S.A. de C.V., as subrogee of Prolec GE International, S. de R.L., de C.V., Plaintiff, v. HLI RAIL & RIGGING, LLC, Fresh Meadow Mechanical Corp., and Kansas City Southern Railway Company, Defendants. HLI Rail & Rigging, LLC, Fresh Meadow Mechanical Corp., Third-Party Plaintiffs, v. Fireman's Fund Insurance Company and City Underwriting Agency, Inc., Defendants.

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

Signed March 13, 2014.

Attorney(s) appearing for the Case

Lawrence Caruso Glynn, Caruso Glynn, LLC, New York, NY, for Plaintiff.

Kevin James Harrington, Harrington Ocko & Monk, LLP, White Plains, NY, Michael Walter Freudenberg, Harris Beach PLLC, Plattsburgh, NY, Fredric S. Newman, Eve Samara Moskowitz, Juan Alden Skirrow, Hoguet Newman Regal & Kenney, LLP, New York, NY, Merritt Maverick Clements, Winstead Sechrest & Minick, Dallas, TX, for Defendants.

Kevin James Harrington, Harrington Ocko & Monk, LLP, White Plains, NY, Michael Walter Freudenberg, Harris Beach PLLC, Plattsburgh, NY, for Third-Party Plaintiffs.

Howard Steven Kronberg, Stephen Carson Cunningham, Keidel, Weldon & Cunningham LLP, White Plains, NY, for Third-Party Defendants.

ORDER AND OPINION

ANDREW L. CARTER, JR., District Judge.

A train derailment has set off a chain reaction of claims and cross-claims that question the applicability of the Carmack Amendment, 49 U.S.C. § 11706, the default scheme for rail carriers' liability for goods entrusted to their transport. As a general rule, under the Carmack Amendment, rail carriers are liable for the full value of the goods damaged after receipt by the carrier. However...

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