A shipper of fruits and vegetables delivered a refrigerated van of produce to the S.S. Bayomon atthe

A shipper of fruits and vegetables delivered a refrigerated van of produce to the S.S. Bayomon atthe port of Elizabeth, New Jersey, on September 22 forshipment to San Juan, Puerto Rico. The ship wassupposed to sail that day but was unable to do sobecause of repairs needed to correct a boiler problem.The ship sailed on September 25 and arrived in PuertoRico on September 27. A clause paramount incorporatedCOGSA into the bill of lading. Upon arrival inPuerto Rico, part of the produce was found to berotten. The shipper claims that the carrier is liablebecause the ship was not “seaworthy.†COGSA statesthat the carrier shall not be liable unless it shows afailure to make the ship seaworthy before and at thebeginning of the voyage. Squillante & Zimmerman Sales,Inc. v. Puerto Rico Marine Management, Inc., 516 F.Supp. 1049 (D.Puerto Rico 1981).Does COGSA apply here,considering that the port is domestic rather thanforeign?Is the carrier liable for an unseaworthy vessel?What is the outcome?

 

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