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The Best Jewelry Mfg. Co. Inc. v. ARC Sec. Inc.

The plaintiff's suit arising out of a jewelry theft at an airport security checkpoint was barred by the 2-year time limitation on claims for loss or damage to baggage which was expressly incorporated into plaintiff's airline ticket.

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Plaintiff-appellant The Best Jewelry Manufacturing Company, Inc. BJM sued defendant-appellees ARC Security, Inc., Atlanta Airlines Terminal Corporation AATC, and Continental Airlines, Inc., alleging breach of a bailment contract and negligence arising out of the theft of approximately $2 million worth of jewelry and watches from an airport security checkpoint. Summary judgment was granted to all defendants based on the terms and conditions of Continental’s approved tariff, which imposed a two-year limitation period in which to bring claims for loss or damage to baggage. We conclude the time limit for making a claim contained in this tariff applies to the theft of passenger carry-on property while that property is under the dominion of Continental’s agents during the pre-board screening and so affirm.

Viewed in the light most favorable to BJM as the opponent of summary judgment, the evidence authorizes the following facts: The owners of BJM, Mr. Harry Agasarkisian and his brother, are in the wholesale jewelry business. Agasarkisian flies 12 to 15 times a year to various trade shows. On this occasion, he was flying from Atlanta to Newark on a Continental flight, to attend an international trade show in New York. He intended to check one bag of clothing and carry on a smaller case filled with diamond jewelry and watches he hoped to sell at the show.

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