PHILADELPHIA — A Peruvian fruit provider is suing a New York-based shipping company, alleging negligence for a shipment of damaged grapes the plaintiff says cost it more than $22,000 in damages.
Exportadora Safco Peru SA in Lima, Peru, filed a lawsuit Jan. 26 in the U.S. District Court for the Eastern District of Pennsylvania against Mediterranean Shipping Company SA Geneva, also known as Mediterranean Shipping Company (USA) Inc. with offices in New York, alleging negligence and breach of shipping obligations.
According to the complaint, in January 2015, 1,817 cases of grapes consigned to Exportadora were delivered in good order and condition aboard the MSC Federica in Callao, Peru, for transportation to Philadelphia. When the order was delivered by Mediterranean Shipping, the suit says, the grapes were in a deteriorated in value and unfit for sale or use.
As a result of the cargo damage, the plaintiff says it sustained monetary losses in excess of $22,000. It alleges Mediterranean Shipping failed to provide a seaworthy vessel, exercise proper care of the cargo, and provide the requested cold treatment of the cargo, which resulted in a delayed delivery and the aforementioned damages.
Exportadora Safco seeks damages as provided in the admiralty rules of $22,000, condemnation and selling of the vessel to pay the demands with interest and costs. It is represented by attorney Eugene J. Maginnis Jr. or Dougan, Brinkmann, Maginnis and Pace in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-00316-MAK