FOR IMMEDIATE RELEASE
September 29, 2021
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB OBTAINS DISMISSAL OF COGSA CLAIM FOR
LOSS OF REFRIGERATED CONTAINER OF CHEESE SHIPPED FROM SPAIN
DUE TO THE PRESENCE OF AN AFRICAN BEE
Cargo Loss and Damage Claim/ Maritime & Admiralty Law
MIAMI ― Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) lawyers James J. McNally and Alexandra Castro obtained the dismissal with prejudice of an international cargo claim made by the Spanish owners of cheese against their shipper and freight forwarder for the total loss of the shipment. A refrigerated container loaded with $244,536.49 in Manchego cheese was shipped from Valencia, Spain to Miami, Florida. When the sealed container was opened in Miami, an African bee was found inside. The container was rejected by U.S. Customs and returned to Spain. Even though the cheese was not damaged by the bee, the cheese was eventually destroyed. The owners of the cheese made a claim under the Carriage of Goods by Sea Act (COGSA). Shortly before trial in Federal Court the plaintiff voluntarily dismissed the case with prejudice as they were unable to avoid the defenses and prove a prima facie case for COGSA damage against the defendant for the improper loading, shipping and processing of the container.
# # #
QPWB provides its clients with full service legal solutions for all domestic and international cargo claims. Our lawyers handle containerized and bulk cargo loss and damage claims brought under the federal Carriage of Goods by Sea Act (COGSA) as well as related state laws and statutes. We are also well-versed in the interpretation and application of terms and provisions in bills of lading, stevedoring agreements and insurance policies.
James J. McNally is a partner in the Miami office. He has 39 years of experience in civil and commercial litigation. He serves as general counsel to several national and international insurance companies and has litigated well over 200 jury trials to verdict. He has successfully represented corporate clients as lead counsel in jury and non-jury trials, arbitration and mediations in state and federal courts. He is awarded an AV/Preeminent rating from Martindale Hubbell Law Directory. McNally received his law degree in 1980 from the University of Maryland School of Law. He is licensed to practice law in Florida and Maryland and is admitted in the U.S. District Courts for the Southern, Middle and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit.
Alexandra Castro is an associate in the Miami office focusing on general liability, premises liability, negligent security, medical malpractice and labor and employment. She received her Juris Doctor cum laude in 2002 from Nova Southeastern University, Shepard Broad Law Center and is admitted to practice in Florida and Massachusetts.
QPWB is the largest minority and women owned law firm in the nation with more than 380 lawyers serving clients from 27 offices in the U.S. and abroad. Our lawyers provide representation in litigation, business, real estate and governmental law.