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.

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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