## Facts

- Fine Foliage of Florida, Inc., a grower and shipper of decorative ferns, arranged shipment of 939 cartons of leatherleaf fern from DeLeon Springs, Florida, to Tokyo, Japan.
- Fine Foliage’s forwarder arranged for Bowman Transportation, Inc., an interstate motor carrier, to haul the ferns from DeLeon Springs to Jacksonville, Florida, for onward ocean carriage.
- The bill of lading for the inland leg specified a transport temperature of 39°F and included a printed warning: “PERISHABLE Keep From Heat or Frost.”
- Bowman’s driver signed the bill of lading without reading it; trial evidence showed industry knowledge that leatherleaf ferns must be shipped at approximately 38–40°F.
- The refrigerated container was set to 0°F rather than 39°F, and the ferns reached the port area “crusted with ice.”
- The ocean carrier noted improper temperature and possible damage on shipping documents but forwarded the cargo; on arrival in Tokyo, the consignee treated the shipment as a total loss.
- Fine Foliage presented evidence the ferns were in good condition when tendered to Bowman, including a Department of Agriculture certificate and testimony about proper handling and pre-cooling.
- Fine Foliage sought roughly $21,000 for the lost shipment; the district court found Bowman liable and awarded damages.

## Issues

1. Whether the shipper established a prima facie Carmack Amendment case by proving tender in good condition, arrival in damaged condition, and the amount of damages.
2. Whether Bowman’s ICC-filed protective service tariff for refrigeration relieved or limited Bowman’s Carmack liability for damage caused by incorrect temperature control.

## Decision

- The Eleventh Circuit affirmed the judgment for Fine Foliage.
- Fine Foliage established a prima facie Carmack case through evidence of good condition at tender, damage consistent with freezing during transit, and proven damages.
- Bowman failed to carry its post–prima facie burden to show both lack of negligence and an excepted cause of loss.
- Bowman’s protective service tariff did not eliminate or limit liability because it was nonmandatory and not incorporated into the bill of lading or otherwise shown to have been part of the parties’ agreement.
- Even if treated as part of the contract, the tariff could not excuse liability for negligent performance of essential transportation services under Carmack.

## Legal Principles

- A shipper makes a prima facie case under the Carmack Amendment by showing: (1) delivery to the carrier in good condition, (2) arrival in damaged condition, and (3) the amount of damages.
- After a prima facie showing, the burden shifts to the carrier to prove it was free from negligence and that the loss resulted from an excepted cause.
- A nonmandatory tariff not incorporated into the shipping contract does not alter the carrier’s Carmack obligations.
- Contractual or tariff terms cannot lawfully exempt a carrier from Carmack liability for loss or damage caused by the carrier’s own negligence in performing core transportation duties, including agreed temperature control.

## Conclusion

The court held the shipper met its Carmack prima facie burden for a perishable cargo loss caused by freezing during inland carriage, and the carrier could not avoid liability through an unincorporated, nonmandatory refrigeration tariff or any term that would excuse negligent temperature control.


Fine Foliage of Fla., Inc. v. Bowman Transp., Inc., 901 F.2d 1034 (11th Cir. 1990)