C&C North America paid Total Quality Logistics (TQL) to arrange for a shipment of a truckload of granite to Sun City Granite.

Balance Transportation signed a contract with TQL to transport the load. Balance’s driver delivered the granite in good condition to Sun City, whose representative signed, dated, and returned the bill of lading. As a Sun City employee unloaded the first block of granite, other blocks fell out of the truck and were damaged. TQL paid C&C for the cost of the damage and then filed a complaint against Balance seeking recovery on a claim of breach of its contract with TQL. A court issued a summary judgment in Balance’s favor. TQL appealed. Did the damage to the goods occur after the risk of loss passed from the carrier to the buyer?