The complaint sets out five causes of action: breach of contract and violation of the Montreal Convention, breach of bailment, negligence and/or recklessness and/or willful misconduct, breach of contract under federal and/or state common law, and liability under the Carmack Amendment to the Interstate Commerce Act. Liberty Mutual contends that the loss or theft of the cargo was not the result of any act or omission on its part or that of its subrogor, but was due solely to the negligence, fault, breach of contract, and breach of bailment by the defendants and their agents. The complaint specifically points to the alleged negligent retention of sub-contractors and sub-carriers, including the allegation that the cargo was lost or stolen by individuals hired by the defendants to transport the shipment.
Liberty Mutual demands $600,000 after cargo vanishes in transit
