## Facts

- Nevelle R. Stud owned and shipped a $300,000 racehorse, “Super Clint,” via an international flight operated by Trans International Airlines/Transamerica from Canada to New Zealand in April 1980.
- The horse arrived in New Zealand on April 4, 1980 reportedly in good health.
- The horse became visibly ill shortly after arrival and died on April 14, 1980.
- An autopsy initially attributed death to pleuro-pneumonia likely caused by travel stress; a later report concluded temperature fluctuations in the aircraft cabin probably caused the illness.
- On June 25, 1980, Stud, through his insurance agent, submitted written notice of claim to the carrier’s ground handling agent in New Zealand.
- Stud sued in federal district court alleging breach of the carriage contract, negligence, and willful misconduct arising from the horse’s death.
- The district court granted summary judgment for the carrier, holding the Warsaw Convention barred the action due to untimely written notice.

## Issues

1. Whether written notice under the Warsaw Convention is timely when cargo damage is not apparent upon delivery and becomes discoverable only after later medical investigation.
2. Whether the Convention’s notice-of-complaint provisions bar claims for breach of contract, negligence, and willful misconduct on these facts.

## Decision

- The Ninth Circuit reversed the grant of summary judgment and remanded.
- The court held the Warsaw Convention governed the international shipment.
- The court concluded the written notice provided on June 25, 1980 was sufficient under the Convention given the latent nature of the injury and the timing of medical confirmation linking the loss to air carriage.
- Because the action was not barred by the Convention’s notice provisions, summary judgment on that ground was improper.

## Legal Principles

- The Warsaw Convention applies to international carriage of goods by air between signatory states and supplies the operative limits and conditions on carrier liability.
- Convention notice-of-complaint requirements should not be applied mechanically when damage is not reasonably discoverable at delivery; the triggering point may depend on when the injury becomes apparent or discoverable.
- For latent harm to cargo (including living animals), written notice given within a reasonable time after the damage is discoverable and its cause can be identified may satisfy the Convention and prevent the carrier from using notice provisions as an absolute bar to suit.
- Summary judgment is improper where the record supports a reasonable finding that notice complied with the Convention as construed for latent damage.

## Conclusion

The Ninth Circuit held that the Warsaw Convention’s notice requirements did not bar the shipper’s claims where the horse appeared healthy at delivery and the injury became discoverable only after later illness, death, and autopsy findings; the case was remanded for proceedings on the merits.


Stud v. Trans Int'l Airlines, 727 F.2d 880 (9th Cir. 1984)