Aetna Insurance Co. v. Ryder Truck Lines, Inc.
Docket: No. BO-24
Court: District Court of Appeal of Florida; June 11, 1987; Florida; State Appellate Court
Aetna Insurance Company, as subrogee for Molins Machine Company, filed a lawsuit against Ryder Truck Lines, Inc. seeking damages for machinery that was damaged during shipment. Aetna submitted a claim to Ryder on March 3, 1982, which Ryder denied on April 1, 1982, and again on July 23, 1982. Ryder filed for summary judgment, arguing that the lawsuit was barred by 49 U.S.C. 11707(e), which requires that claims for freight damage be filed within two years of denial. Aetna contended that the bills of lading associated with the shipment did not contain any specific language requiring such a time limit. The trial court ruled in favor of Ryder based on its interpretation of the bill of lading language, which referenced compliance with the Uniform Domestic Straight Bill of Lading conditions. However, the appellate court found that 49 U.S.C. 11707(e) does not mandate a two-year filing period for civil actions unless explicitly stated in the bill of lading. The court noted that the document relied upon was merely a memorandum acknowledging the issuance of a bill of lading and lacked the requisite two-year limitation. Furthermore, no evidence was presented that Ryder had established a two-year limitation by rule or contract. Consequently, the court held that the applicable statute of limitations for Aetna’s claims is the four-year period under Florida Statutes 95.11(3). Aetna's lawsuit was deemed timely, leading to the reversal of the summary judgment in favor of Ryder and remanding the case for further proceedings. Judges Shivers and Nimmons concurred with the decision.