Tokio Marine & Fire Ins. v. Megatrux
Filed 8/9/06 Tokio Marine & Fire Ins. v. Megatrux CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
| TOKIO MARINE & FIRE INSURANCE CO., LTD., Plaintiff and Appellant, v. MEGATRUX, INC., Defendant and Respondent. | B185807 (Los Angeles County Super. Ct. No. BC315705) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Rolf M. Treu, Judge. Affirmed.
Law Offices of Dennis A. Cammarano and Dennis A. Cammarano for Plaintiff and Appellant.
Countryman & McDaniel, Michael S. McDaniel and Andrew D. Kehagiaras for Defendant and Respondent.
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Under the Interstate Commerce Act, a motor carrier is strictly liable to a shipper whose goods are damaged or lost. On the other hand, a broker of transportation services is not strictly liable for such damage and is responsible for its negligence under common law. Respondent Megatrux, Inc. (Megatrux) arranged for the transportation of a shipment of computer parts for appellant Tokio Marine & Fire Insurance Co., Ltd.'s insured. When the shipment was stolen, Tokio Marine paid the shipper on its insurance claim, acquired subrogation rights and sued Megatrux (and others) as â€
