Court: District Court, E.D. Missouri; May 18, 1998; Federal District Court
Plaintiff United Van Lines, Inc., a moving company based in Fenton, Missouri, filed a Motion for Summary Judgment on March 4, 1998, regarding a contract for transporting goods between Butte, Montana, and Hayden, Idaho, signed by Defendant Sandy Henry. The transportation charges amounted to $7,325.61. After delivery on July 11, 1996, Defendant Gary Henry acknowledged receipt of the goods in good condition, yet neither he nor his former employer, Sterling Healthcare Corporation, has paid for the services. The lawsuit, initiated on June 24, 1997, seeks to recover the outstanding balance.
The shipment was governed by a Uniform Household Goods Bill of Lading and Freight Bill, under the jurisdiction of 49 U.S.C. § 13702, part of the Motor Carrier Act. Both Sandy Henry and Gary Henry's employer were named on the Bill of Lading, with Sandy Henry signing as both shipper and consignee. The Bill of Lading stipulates that both the shipper and consignee are jointly and severally liable for unpaid charges, even if credit is extended to one party. Furthermore, the document clarifies that the owner of the goods remains primarily liable for payments regardless of any credit arrangements made with third parties.
The Court determines that Defendants Gary and Sandy Henry are liable for shipping charges totaling $7,325.61, stemming from an agreement where the employer was to cover the moving costs of an employee. The liability arises after the employer declared bankruptcy and failed to fulfill payment obligations. The Court highlights that Defendants were identified as shippers on the bill of lading and signed as consignees, making them responsible under the relevant terms and tariffs. The Court grants the Plaintiff's Motion for Summary Judgment and also awards both pre-judgment and post-judgment interest at a rate of 5.407%. Pre-judgment interest is calculated from February 15, 1997, up to the date of judgment. Although Defendants contest the enforceability of the contract, their rationale is unclear, particularly since they did not respond to the Plaintiff's Motion. The case is governed by 49 U.S.C. 13702, which regulates interstate carriers and their published tariffs, and the bill of lading referenced these tariffs. A judgment will be issued in accordance with this Memorandum and Order.
