Cook Specialty Company v. Schrlock

772 F.Supp. 1532 (1991)

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Nature of the Case

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Facts

P entered into a sales contract with MSI (D) for the purchase of a machine for $28,000. The terms of the contract were F.O.B. D's warehouse in Illinois. Randy's Truck Lines, (D) was used to deliver the machine from MSI's (D) warehouse to P in Pennsylvania. MSI (D) obtained a certificate of insurance from the carrier with a face amount of $100,000 and showing a $2,500 deductible. On October 20, 1989, Randy's Truck Lines (D) took possession at MSI's (D) warehouse. While in transit, it fell from the truck. Randy's Truck Lines (D) was cited by the Illinois State Police for not properly securing the load. P has recovered damages of $5,000 from Randy's Truck Lines (D) insurer. P sued for the cost of the machine and consequential damages, asserting a claim for a total of $81,000. P claimed in part that the contract made by MSI (D) for shipping was unreasonable as it did not have sufficient coverage related to the cost of the machine. Everyone filed for summary judgment.