Diagnostic Leasing v. Blocker Transfer

VERDICT

Trial
07/27/09 – 07/30/09

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Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2

Summary

1-week breach of contract bench trial in Tampa's business litigation division (13th Judicial Circuit) originally filed in 1999.

Diagnostic Leasing is a CA-based private medical equipment leasing company and Blocker transfer is a private Florida-based moving, hauling, and storage company.

Diagnostic Leasing asserted a breach of oral contract claim after Blocker picked up the plaintiff's CAT Scanner and stored it in the wrong warehouse, where it was subsequently destroyed by a fire that was caused by the warehouseman (a Blocker employee). The plaintiff claimed that he had refused to sign the bill of lading because it only disclosed a value of $25,000, whereas the CAT Scanner might have been worth ten times that.

The defendant contended that the plaintiff could not recover damages because (1) the plaintiff did not own the device, but was only a lessee at the time of the loss, (2) the damages limitation on the bill of lading was signed by the plaintiff and not objected to; and (3) lost profits could not be recovered because the CAT Scanner was not in use when it was destroyed and the plaintiff would not have been able to place it and would not have completed its purchase because newer, better, less expensive scanners were available.

Outcome

The court found in favor of the plaintiffs and against Blocker Transfer,

Sessions

JUL
30

Recording Disclaimer: This proceeding was recorded in full.

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