Kvaerner E & C v. Yellow Freight System, Inc.
Kvaerner E & C v. Yellow Freight System, Inc.
Opinion of the Court
MEMORANDUM
We reverse the judgment in favor of Yellow Freight System, and direct summary judgment in favor of Kvaerner E & C (Metals). Although the statute
Kvaerner’s February 8, 2000 letter, and the attached itemized list of damage to the pumps, gave Yellow Freight written notice that Kvaerner intended to make a claim. Yellow Freight sent its area representative, Denver Price, to inspect the damage, and Price provided Yellow Freight with his
G.I. Trucking establishes that a reasonable estimate of the damages suffices, even though it is not the exact amount of the claim, and that such “substantial performance” suffices “to permit the carrier to make a prompt and thorough investigation.”
REVERSED and REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. 49 U.S.C. § 14706.
. 49 C.F.R. § 1005.2.
. Culver v. Boat Transit, Inc., 782 F.2d 1467, 1469 (9th Cir. 1986).
. Ins. Co. of North America v. G.I. Trucking Co., 1 F.3d 903, 906 (9th Cir. 1993).
. Id. at 907.
. Culver, 782 F.2d at 1469; see G.I. Trucking, 1 F.3d at 906; see also Taisho Marine & Fire Ins. Co. v. The Vessel Gladiolus, 762 F.2d 1364, 1368 (9th Cir. 1985).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.