Hampton v. Federal Express Corp.

917 F.2d 1119 (8th Cir. 1990)

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Nature of the Case

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Facts

(P) a 13-year old cancer patient was awaiting a bone marrow transplant. Five potential bone marrow donors had been found. Five samples of P's blood were sent by the shipper, the Children's Memorial Hospital in Omaha, to Dr. Nancy Goeken in Iowa City. The shipper, the Children's Memorial Hospital, entered into a contract with D for the transport of the blood samples. Under 'Damages or Loss,' the contract stated: We are liable for no more than $100 per package in the event of physical loss or damage unless you fill in a higher Declared Value to the left and document higher actual loss in the event of a claim. We charge 30cents for each additional $100 of declared value up to the maximum shown in our Service Guide. The reverse side of the airbill contains has 'Limitations On Our Liability,' which state that: Our liability for loss or damage to your package is limited to your actual damages or $100, whichever is less unless you pay for and declare a higher authorized value. We do not provide cargo liability insurance, but you may pay thirty cents for each additional $100 of declared value. If you declare a higher value and pay the additional charge, our liability will be the lesser of your declared value or the actual value of your package. The blood samples were never received, and P never obtained a bone marrow transplant, and P died on May 19, 1988. P filed suit seeking $3,081,000 in damages. On the basis of the released value doctrine, the district court granted D's motion for partial summary judgment and entered judgment in favor of P for $100.