Kuehne & Nagel, Inc. v. F. W. Baiden

Summary

The New York Court of Appeals reversed the Appellate Division, granting the plaintiff’s cross‑motion for summary judgment and holding that a carrier remains liable for damage caused by negligent on‑deck stowage despite an exculpatory clause, that the carrier bears the burden of proving an exemption, and that the plaintiff is entitled to judgment because the defendants offered no evidence to create a genuine issue of fact.