Parsons, TN asked in Products Liability and Civil Litigation for Tennessee

Q: Who is responsible for the damage claim?

We shipped a product with Southwestern Motor Transport that interlined the delivery with Daylight Transport. We filed the claim with Southwestern whom states it is Daylight Transport place to pay the claim. They further stated if Daylight Transport does not pay them for the claim they will not pay our company. Is this correct?

1 Lawyer Answer
Anthony M. Avery
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  • Knoxville, TN
  • Licensed in Tennessee

A: Your contract is apparently with SW Transport. Read the contract as it will have some disclaimers of liability. But it may give SW as your agent the power to hire another party to perform the contractual duty. If under $ 25K you might sue both carriers in Sessions Court and let them blame each other. A lawyer will probably be necessary.

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