Kawasaki Kisen Kaisha, Ltd. v. Plano Molding Co.

Federal 7th Circuit Court
Civil Court
Case Number: 
Nos. 11-2949 & 11-2967 Cons.
Decision Date: 
August 29, 2012
Federal District: 
N.D. Ill., E. Div.
Affirmed and reversed in part and remanded
Dist. Ct. did not err in granting defendant's motion for summary judgment in action alleging that steel injection molds purchased by defendant were improperly packed during shipment of molds to defendant and fell onto railroad track that caused derailment of plaintiff's train, as well as caused damage to property of others on said train, where "K-Line" bill of lading, which was one of two bases for imposing liability on defendant for derailment, named other entities as shipper and consignee, and where plaintiffs failed to show either that consignee was agent of defendant or that defendant had power to control consignee, which otherwise served as coordinator of molds' transportation from China to U.S. However, Dist. erred in granting defendant's summary judgment motion with respect to separate "World" bill of lading, where record contained triable issue as to whether defendant actually made arrangements with consignee to ship molds, and where terms of "World" bill of lading would make defendant liable for instant derailment.