Nippon Fire & Marine Ins. Co. v. Skyway Freight Sys.

Charles Edward Schmidt

Case Conclusion Date:December 6, 2000

Practice Area:Aviation

Outcome:Judgment in favor of USAir affirmed

Description:Judgment of the United States District Court for the Southern District of New York (Denise Cote, Judge) granted USAir's motion for partial summary judgment. The District Court held (1) that Defendant Skyway Freight Systems, Inc. (“Skyway”) was liable to Plaintiff Nippon Fire & Marine Insurance Co., Ltd., for losses incurred during a shipment of laptop computers made by the plaintiff’s subrogor, but that its liability was contractually limited under its shipping contracts; (2) that the liability of USAir to Skyway was limited in accordance with USAir's contract with Skyway and (3) that USAir was not directly liable to the plaintiff in tort at all.