OneBeacon Insurance v. Haas Industries, Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

OneBeaeon Insurance Company (“One-Beacon”) sued Haas Industries, Inc. (“Haas”) under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706 , to recover the cost of lost electronic equipment which Haas shipped. Pursuant to 28 U.S.C. § 636 (c), both parties have consented to my jurisdiction for all proceedings, including entry of final judgment.

The trial took place on July 1, 2008. Having considered and weighed the parties’ undisputed facts and the evidence adduced at trial, and having assessed the credibility of the witnesses, I now make these findings of fact and conclusions of law as required by Federal of Civil Procedure 52(a).

FINDINGS OF FACT

1. Professional Products, Inc. (“PPI”) purchased electronic equipment from Om-neon Video Networks (“Omneon”). The equipment was to be shipped to the City University of New York (“CUNY”). Om-neon contracted with Haas to transport the equipment. Omneon executed and Haas issued a bill of lading for the transportation, which lists the date of shipment as June 30, 2005.

2. At the relevant time, Haas was a licensed motor contract carrier and property freight forwarder. It did not…