A mover I retained to ship a refrigerator - wine cooler- severely damaged the cooler in shipment. I am in small claims court with them having set up a trial date in May. Their lawyer responding at the earlier motion said they are not responsible chiefly because 'it was already packaged in a cartoon and we had no opportunity to inspect the cooler'. I saw on the bill of laden they provided to me when they picked up the cooler that there was a box,'PICKUP REMARKS, which says, 'must inventory wine cooler in carton. HANDLE WITH CARE'. Does this undermine their lawyers defense of not being able to inspect the cooler?
1 Answer from Attorneys
What the other side's' attorney says is his opinion. Ultimately, the decision maker is the judge/jury. Refine your arguments and evidence. You have the benefit of knowing one of your adversaries points of contention. So be prepared to respond to it and bring up issues favorable to you.
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