Case 2:21-cv-01715-TSZ Document 1 Filed 12/31/21 Page 1 of 3

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IN THE UNITED STATES DISTRICT COURT
7. WESTERN DISTRICT OF WASHINGTON
8. AT SEATTLE

9. ICICLE SEAFOODS, INC., and W.K. CASE NO.: 2:21-cv-1715

WEBSTER (OVERSEAS), LIMITED
10. COMPLAINT
Plaintiffs,
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12. v.

13. BNSF RAILWAY COMPANY,

14. Defendant.
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16. Plaintiffs ICICLE SEAFOODS, INC. and W.K. WEBSTER (OVERSEAS), LIMITED
17. for their Complaint against the above-named defendant, allege upon information and belief:`
18. I. JURISDICTION AND VENUE
19. 1.1 This claim involves the interstate transportation of goods by rail, subject to the
20. Carmack Amendment, including 49 U.S. C. Sections 11706 and 14706, which provides Federal
21. Jurisdiction.
22. 1.2 Venue is proper because the transportation by rail commenced in Bellingham,
23. Washington, within the jurisdiction of this court. In addition, defendant does business in this
24. state and may be personally served within this district.
25.
26.

COMPLAINT – 1 LAW OFFICES OF

NICOLL BLACK & FEIG
A PROFESSIONAL LIMITED LIABILIT Y COMPANY
1325 FO URT H A VEN UE, SUITE 1650
SEATTLE, WASHINGTON 98101
206-838-7555
 Case 2:21-cv-01715-TSZ Document 1 Filed 12/31/21 Page 2 of 3

1. II. PARTIES

2. 2.1 Plaintiff Icicle Seafoods, Inc. (hereinafter “Icicle”) is an Alaska corporation in

3. good standing that does business in the State of Washington with a principal address within this

4. district, in Seattle.

5. 2.2 Plaintiff WK Webster (Overseas), Limited. (hereinafter “Webster”) is a business

6. entity organized under the laws of the United Kingdom and registered in the State of New York

7. as a Foreign Business Corporation.

8. 2.3 Defendant BNSF Railway Company (hereinafter “BNSF”) is a railroad

9. company, believed to be incorporated in one of the states of the United States, that does

10. business within the state of Washington.

11. III. RELEVANT FACTS

12. 3.1 Plaintiff Icicle contracted with defendant BNSF, directly or indirectly, to

13. transport a shipment of frozen fish (pollock) from Bellingham, Washington to Taunton,

14. Massachusetts. The shipment was to be shipped frozen, in a refrigerated container.

15. 3.2 On or about November 10, 2020, BNSF, through its employees, representatives,

16. agents, affiliates and/or subcontractors, including carriers, took possession of the shipment of

17. frozen fish in BNSF Container #793928. The Shipment was delivered to BNSF, through its

18. employees, representatives, agents, affiliates and/or subcontractors, in good order and

19. condition, for transport to Taunton, Massachusetts.

20. 3.3 Notwithstanding the importance of maintaining the frozen fish in a frozen state,

21. BNSF failed to provide proper refrigeration as required during the transport and, as a result, the

22. product was not in good order and condition by the time it arrived at destination on or about

23. December 9, 2020. The product showed evidence of temperature abuse, and smelled. The

24. refrigeration was not operating at the time of the delivery of the formerly frozen fish at

25. destination in Taunton, Massachusetts.

26.

COMPLAINT – 2 LAW OFFICES OF

NICOLL BLACK & FEIG
A PROFESSIONAL LIMITED LIABILIT Y COMPANY
1325 FO URT H A VEN UE, SUITE 1650
SEATTLE, WASHINGTON 98101
206-838-7555
 Case 2:21-cv-01715-TSZ Document 1 Filed 12/31/21 Page 3 of 3

1. 3.4 BNSF required that plaintiff Icicle execute an assignment to allow its designated

2. claims handling agent, Webster, to process the claim for damages. As a result of this

3. assignment, Webster is designated as a plaintiff in this action, even though its rights are simply

4. derivative of those of Icicle.

5. 3.5 BNSF breached its contract with Icicle by failing to deliver the Shipment to

6. Massachusetts in the same good order and condition in which it was received at the point of

7. origin, and specifically for failing to keep the product properly refrigerated during the transport.

8. 3.6 As a direct and proximate result of the loss of the breach of contract by BNSF,

9. and its failure to provide refrigeration as required, plaintiffs suffered damages in the total

10. amount of $247,335.65, calculated as follows: $228,690 for the invoice value of the fish;

11. $3,400.65 for labor to handle the thawed and rotting fish at destination; $14,696.00 for disposal

12. costs; and recovery of the freight paid to defendant in the amount of $549.00 for transportation

13. “services” that transformed valuable frozen fish into garbage.

14. IV. PRAYER FOR RELIEF

15. WHEREFORE, Plaintiffs pray for judgment against defendant as follows:

16. 1. For damages in the amount of $247,335.65, or an amount proven at trial.

17. 2. For prejudgment and post-judgment interest in the full amount allowed by law,

18. commencing as of the date of the termination of the transportation, December 9, 2020;

19. 3. For attorneys’ fees, costs and expenses of suit as allowable by law; and,

20. 4. For such other and further relief as the Court may deem just and proper.

21. DATED this 31st day of December, 2021.

22. NICOLL BLACK & FEIG, PLLC
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24. By: /s/ Rodney Q. Fonda

Rodney Q. Fonda, WSBA #6594
25. Atttorneys for Plaintiff Icicle Seafoods,
Inc.
26.

COMPLAINT – 3 LAW OFFICES OF

NICOLL BLACK & FEIG
A PROFESSIONAL LIMITED LIABILIT Y COMPANY
1325 FO URT H A VEN UE, SUITE 1650
SEATTLE, WASHINGTON 98101
206-838-7555