About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


B-234430 1 (1990-07-17)

handle is hein.gao/gaobadcab0001 and id is 1 raw text is: Comptroller General of the United States 214 Washiaos. D.C. 20648 Decision ft Hatter of: Roadway Express, Inc. File: 8-234433 Date: July 17, L990 DIGEST Where the government has made a prima facie case of carriet liability for the unexplained loss of a carton, the burden then shifts to the carrier to show chat it was not negligent and chat the loss was due to an excepted cause. The carrier has not rebutted the government's prima facie case merely by showing that it returned a similar carton found on a trailer * that it says should have carried the missing item from the carrier's origin terminal to a second terminal, where the returned carton was marked for a different destination than was the lost one; involved a slightly different weight; showed a different Terminal Control Number; and was found on a different trailer than the one used to pick the missing item up at origin. DECISION Roadway Express, Inc., requests rev~ew of a settlement by our Claims Group denying the firm's claim for reimbursement of amounts secoff by the United States Army Finance and Accounting Center (USArAC) for the unexplained loss of a 12- pound swashplate.%/ The Claims Group's settlement is affirmed. On February 19, 1986, a Government 8.11 of Lading (GBL) was issued at Dover Air Force Base, Delaware, for transportation of the swashplate as freight all kinds to Red River Army Depot in Texarkana, Texas. Roadway's agent acknowledged :eceipt on the same day of a 72-pound carton under Terminal Control Number (TCN) WK4GGD-6030-0908, but within 48 hours the firm notified Dover that the carton was missing from the sfhipment. The carrier contends that in lieu of receiving the carton deutined for Red River, it actually received a 76-pound cartcn without a bill of lading, marked for Corpus Christi, Texas. As proof of this, the carrier states that che 76-pound carton I/ A swashplare is a device use-I to control the pitch of rotors on a helicopter. -*7/