Kevin Brown (the appellant) appealed an order granting a motion for summary judgment in favour of Betty K Agencies (USA) LLC (the respondent) and dismissing the cause of action with prejudice.

The appellant contracted with the respondent for the shipment of a single crane truck from Miami to the Bahamas. On 7 September 2006, the proposed date of sailing, the crane truck was taken to the dock, pulleys were attached, and the crane truck was lifted by the ship’s crane for loading aboard the vessel. In the process of loading, the truck was dropped by the ship’s crane and was damaged. The appellant brought suit on 25 January 2008, approximately 16 months after the incident, alleging breach of the shipping contract and negligence. The respondent asserted that the one-year limitation period barred the action under 46 USC 1300 (COGSA). The respondent moved for summary judgment. The appellant contended that the truck was never loaded onto the ship and that the respondent was a mere freight forwarder, not a carrier, and therefore COGSA did not apply.

Held: The appeal was time-barred and dismissed.

The agreement here was governed by the bill of lading. The Hague Rules were ratified in the United States in 1937 and given effect by COGSA. The bill of lading stated that the respondent was the forwarding agent and also stated that the bill of lading was subject to the provisions of COGSA. The facts demonstrated that the respondent was the contracting agent for the transport of the truck crane and that the damage to the truck crane occurred while it was being loaded onto the carrier. Once the truck crane was fitted with slings and hooked up to the ship’s crane, COGSA became applicable by operation of law. Since the respondent, as the agent of the carrier, rightfully asserted the one-year limitation period to bar the negligence claim for the alleged negligence that occurred upon loading, the one-year limitation period applied, and the appellant was precluded from bringing the action.