Mrs. Mieske delivered 32 fifty-foot reels of developed movie film to the Bartell Drug Company to be spliced together into four reels for viewing convenience. She placed the films, which contained irreplaceable pictures of her family’s activities over a period of years, into the order in which they were to be spliced and then delivered them to the manager of Bartell. The manager placed a film-processing packet on the bag of films and gave Mrs. Mieske a receipt that stated, “We assume no responsibility beyond retail cost of film unless otherwise agreed to in writing.” Although the disclaimer was not discussed, Mrs. Mieske’s parting words to the store manager were, “Don’t lose these. They are my life.” Bartell sent the film to its processing agent, GAF Corporation, which intended to send them to another processing lab for splicing. While at the GAF laboratory, however, the film was accidentally placed in the garbage dumpster and was never recovered. Upon learning of the loss of their film, the Mieskes brought action to recover damages from Bartell and GAF. The defendants argued that their liability was limited to the cost of the unexposed film. Are GAF or Bartell liable to the Mieskes? If so, for how much?
Mrs. Mieske delivered 32 fifty-foot reels of developed movie film to the Bartell Drug Company to be spliced together into four reels for viewing convenience. She placed the films, which contained irreplaceable pictures of her family’s activities over a period of years, into the order in which they were to be spliced and then delivered them to the manager of Bartell. The manager placed a film-processing packet on the bag of films and gave Mrs. Mieske a receipt that stated, “We assume no responsibility beyond retail cost of film unless otherwise agreed to in writing.” Although the disclaimer was not discussed, Mrs. Mieske’s parting words to the store manager were, “Don’t lose these. They are my life.” Bartell sent the film to its processing agent, GAF Corporation, which intended to send them to another processing lab for splicing. While at the GAF laboratory, however, the film was accidentally placed in the garbage dumpster and was never recovered. Upon learning of the loss of their film, the Mieskes brought action to recover damages from Bartell and GAF. The defendants argued that their liability was limited to the cost of the unexposed film. Are GAF or Bartell liable to the Mieskes? If so, for how much?
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