Fine Foliage of Florida, Inc. v. Bowman Transportation, Inc.
United States Court of Appeals for the Eleventh Circuit
901 F.2d 1034 (1990)
Fine Foliage (plaintiff) grew decorative ferns requiring shipment at 39 degrees Fahrenheit, as specified on the bill of lading, and hired trucking company Bowman Transportation (defendant) to haul 939 ferns to a Georgia port for export to Tokyo. Bowman's driver, who knew the required temperature, transported the ferns at 0 degrees Fahrenheit instead, and they arrived in Georgia crusted with ice; the ocean carrier noted the incorrect temperature and possible damage before shipping them onward, and the ferns arrived in Tokyo destroyed. Fine Foliage presented evidence, including a Department of Agriculture certificate, that the ferns had been properly cared for before being handed to Bowman. The trial court found Bowman liable under the Carmack Amendment, and Bowman appealed.
Whether a shipper establishes a prima facie case under the Carmack Amendment by showing that goods were delivered to an interstate common carrier in good condition and arrived at their destination damaged, resulting in loss.