$1.5M claim for loss can’t be supported

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 5, 2018 9:18 AM

Trying to avoid a limitation on liability in a warehouse receipt that would restrict its recovery to $1,369 for total loss of a $1.5 million commercial printer, Fujifilm North America argued that (1) the disclaimer wasn’t effective because the line for “depositor’s acceptance” was unsigned; (2) the defendant (D/C Export & Domestic Packing) breached the storage agreement — and destroyed the 14-ton printer — by moving the unit from a heated Elk Grove Village warehouse to an outdoor …

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