Not only would the plastic have physically shielded the berries from direct exposure to the cold, this layer would have simultaneously trapped heat from the respiration of the berries. Strawberries are known to respire at a significant rate, generating their own heat which can be trapped by the plastic bags used to cover the pallets for treatment with Techtrol.
In our experience handling claims involving strawberries, we have come to expect the pulp temperatures to be appreciably warmer than the air temperature readings in the trailer due to the modified atmosphere the berries are typically shipped within. In our view, it is possible that the Techtrol treatment applied here created a protective layer around the berries that kept the pulp temperatures above their highest freezing point of approximately 30.6°F, despite the cold temperatures within the trailer.
Second, the “Problem Notification” form completed by the receiver indicates that the berries were pulping at 35 to 36°F—well above the 30.6°F freezing point for this commodity. This is especially significant considering that the coldest temperatures were recorded during the final hours before arrival at destination.
If the berries were not cold upon arrival, shortly after being exposed to the coldest temperatures recorded during the trip, this suggests air temperatures in the trailer were simply not cold enough for sufficient time to freeze this product.
Third, the USDA inspection certificate includes a notation that reads—“Calyxes fresh and green. Berries generally bright, few fairly bright. Generally ripe and firm. Decay is in early stages.”
In our view, descriptions such as “fresh and green” calyxes and a “bright” appearance are generally inconsistent with shipper’s position that the strawberries were frozen and then thawed before the USDA inspection on May 6, 2013. “Fresh” and “bright” are simply not descriptions we would associate with strawberries that were frozen and thawed.
And fourth, as the carrier points out, the only lot rejected was comprised of these 1,430 cases of strawberries. The remaining 1,672 cases of strawberries transported in the same trailer were accepted at contract destination without complaint. The carrier essentially asks, “Why would the cold have seriously damaged one lot of strawberries, while leaving the others unharmed?”
Conclusion
Taken together, we think the facts suggest the temperature abnormalities recorded during this trip did not cause or materially contribute to the excessive levels of defects witnessed upon arrival. Accordingly, in our view, the preponderance of the evidence suggests these strawberries were not loaded in suitable shipping condition and therefore arrived at destination with abnormal levels of deterioration, leading to the losses that were the subject of this dispute.
