This appeal arose from a summary judgment of the District Court which held that the claim of the plaintiff, Tokio Marine & Fire Ins Co Ltd, was limited under s 1304(5) of the Carriage of Goods by Sea Act (COGSA) 46 USC ss 1300 ff. The cargo of car radio components was being transported on the MV Brooklyn Bridge from Kobe, Japan, to Rushville, Indiana, United States. Two notations listed on the bill of lading could be construed as a 'package': 177 packages, comprising the 177 pieces; or 33 packages, comprising the 33 skids in which the 177 pieces were contained.

Held: The judgment of the District Court is affirmed.

The bill of lading was not ambiguous. The 33 skids, as described by the parties and seen in the photographs, did in fact fit within a plain and ordinary definition of 'package': see Travelers Indemnity Co v Vessel Sam Houston 26 F 3d 895 (9th Cir 1994) (CMI1901). Moreover, the bill of lading designated 33 skids in the 'Number of Packages' column. That designation provided the requisite evidence that 33 COGSA packages were shipped: see Nemeth v Gen SS Corp 694 F 2d 609 (9th Cir 1982) (CMI1787). Nemeth held that household goods packed in three crates constituted three COGSA packages when 'the bill of lading clearly reflected a shipment of three packages', even though there were numerous individually wrapped smaller parcels inside the crates. Therefore, the District Court had correctly determined that there were 33 COGSA packages shipped, and it had correctly limited the plaintiff’s claim.