Call it the case of the missing quarter-million dollar watch.Â
A U.S. District judge in Omaha is set to hear a civil trial later this month between an insurance company and a delivery company in a legal squabble over a Jean Bugatti Tourbillon Chronograph watch made in Geneva, Switzerland, meant to be a gift for John Breslow from his wife, Sonia.
Breslow
Breslow was state auditor for eight years in Nebraska and a candidate for governor in 1998, losing to Mike Johanns. His family also owned Linweld, a Lincoln supplier of industrial gases and welding goods, for 60 years before selling it in 2006. He and his wife since have retired in Arizona.
According to Pennsylvania Insurance Company's lawsuit against Federal Express Corp., the watch was sent by private courier from Geneva to its store in New York City, then on to the couple's home at a private golf club in Whitefish, Montana.Â
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It arrived there Nov. 17, 2022, and at Sonia Breslow's request, an assistant sent it and a second box via FedEx to their home in Scottsdale, Arizona.Â
In an order in August, U.S. District Judge Susan Bazis said Sonia Breslow had gone to the extra step to avoid sales taxes if the watch had been shipped directly to Arizona.Â
FedEx charged $127.69 for the delivery, which arrived at a FedEx facility in Scottsdale the next day, according to security video.Â
"FedEx employees attempted to scan the package without success, then the package moved down the belt out of view of the camera," according to the order.
When Sonia Breslow got the package, there was only one box.
The watch wasn't inside and hasn't been found.Â
She made a claim against the Omaha-based insurance company, which sent her a check for $250,000.
Then, PIC went after FedEx, alleging claims for negligence, civil theft and breach of contract, among other things, saying the company is liable and in breach of contract for the full value of the missing watch.
Because no value had been declared on the package sent from Wyoming, FedEx's maximum liability for any loss, damage, delay or mis-delivery is capped at $100.Â
Among the issues at trial is whether FedEx breached the shipping contract and was a proximate cause of damages to PIC or whether there may be other people or entities not named who were at fault for what happened.Â
Trial is set to start Jan. 21.
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Reach the writer at 402-473-7237 or lpilger@journalstar.com.
On Twitter @LJSpilger
Lori Pilger
Courts reporter
