FINDINGS OF FACT AND CONCLUSIONS OF LAW Klearwall LLC (“Klearwall”) is a firm that designs and imports glass windows and doors. In March 2017, a shipment of doors and windows sent from the Munster Joinery in Cork, Ireland arrived at a Klearwall facility in damaged and unusable condition. Defendant Maersk Line (“Maersk”) provided ocean carriage of the shipment from Cork to the Port of Newark, at which point the shipment’s two cargo containers were discharged from the Maersk vessel and transported to a Klearwall facility in Connecticut by a trucking firm, Sapsan LLC (“Sapsan”). Hartford Fire Insurance Co. (“Hartford”) brings a claim against Maersk, as subrogor of Klearwall, under the Carriage of Goods by Sea Act, 46 U.S.C. §30701 (“COGSA”).1 The Court held a bench trial of this action on October 21, 2021. Hartford called four witnesses at trial and Maersk called one witness (Docket # 113-15, 120, 123.) Both parties waived cross-examination. In addition, Maersk offered the deposition testimony of Klearwall’s surveyor, Nicholas Bruno, that was received into evidence over Hartford’s objection.2 (Docket # 118.) Between the two sides, thirteen exhibits were received into evidence. (PX A through PX I-2; DX 1 through DX 3.) For the reasons that will be explained, the Court concludes that Hartford has not made a prima facie case that the cargo was delivered to Maersk in good order and condition or that the cargo was damaged at the time of its outturn by Maersk. Even if Hartford had made a prima facie case, Maersk has proved by a preponderance of the evidence that the cargo’s damage was caused by the insufficiency of packing, which is a statutory exemption to liability under COGSA, and that Hartford has not shown contributing fault or neglect on the part of Maersk. Judgment will therefore be entered for Maersk. The following are the Court’s findings of fact and conclusions of law. See Rule 52(a)(1), Fed. R. Civ. P.3 FINDINGS OF FACT. 1. Plaintiff Hartford is the subrogor of Klearwall. (Sartore Dec. 3 & Ex. A.) Klearwall designs and imports glass windows and doors. (Evans Dec. 2.) 2. Since in or about 2011, the Munster Joinery in Ireland has manufactured windows and doors for Klearwall. (Evans Dec.
4, 8, 15.) Approximately 200 Klearwall shipments have since been sent from Ireland to destinations in the United States and Canada. (Evans Dec. 16.) 3. On or about March 2, 2017, a shipment of glass windows and doors that originated from the Munster Joinery arrived in damaged and unusable condition to a Klearwall facility in Connecticut. (Hughes Dec. 10; DX 3.) Defendant Maersk provided the shipment’s ocean carriage from Cork, Ireland to Newark, New Jersey. (PX B; Wang Dec. Exs. 3, 4.) 4. Maersk had no role in the transportation of the closed containers from the Munster Joinery to the Port of Cork nor from the Port of Newark to Klearwall’s facility in Connecticut. No evidence has been offered that the sealed containers were inspected by Maersk upon arrival at the Port of Cork nor is there any evidence that they were inspected by anyone at outturn in the Port of Newark. 5. The Munster Joinery packed and loaded the glass windows and doors into two cargo containers. (Hughes Dec.
