MARK VII TRANSPORTATION CO., INC. v. RESPONSIVE TRUCKING, INC. (Tenn. Ct. App. September 21, 2009)
This action arises from an agreement between Appellant Mark VII Transportation Co. and Appellee Responsive Trucking, Inc. Appellant filed suit seeking to recover for breach of contract based on the Carmack Amendment standard of liability adopted by the parties in their agreement and for indemnification as allowed by their agreement. Both parties moved for summary judgment. The trial court denied Appellant's motion for summary judgment and granted Appellee's motion for summary judgment. Finding material issues of fact in dispute, we affirm in part and reverse in part.
Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2009/marktransportation_092109.pdf
