Tokio Marine America Ins. v. Prestig CA2/7
Tokio Marine insures Panasonic Corporation of North America and PASCA (collectively Panasonic). On January 19, 2021 Tokio Marine filed an amended complaint against Prestige asserting one cause of action for “Carrier Liability under the Carmack Amendment.” Tokio Marine alleged that on or about March 6, 2020 Prestige, an interstate motor carrier, received a shipment of 1,024 cartons of lithium ion batteries “for carriage and delivery from Panasonic c/o Hanky Hanshin Express (USA) Inc. at 1561 Beachey Place, Carson, California to Panasonic at 10800 Ambassador Drive, Kansas City, Missouri.” The complaint attached a copy of a bill of lading showing PASCA as the consignee, Prestige as the carrier and a “Carrier Signature” acknowledging receipt of the cargo in good order.
Prestige’s driver was involved in a single vehicle accident, in which the tractor trailer went off the road and overturned.
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