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B-261282 1 (1995-11-30)

handle is hein.gao/gaocrptacbn0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Andrews Van Lines, Inc.-Claim for Reimbursement of Amounts Collected by Setoff for Damage to Household Goods File: B-261282 Date: November 30, 1995 DIGEST When prima facie liability has been established, a common carrier is liable for the cost of repairing household goods damaged in a move even though some incidental preexisting damage may be repaired in the process. DECISION This is in response to an appeal of a Claims Group settlement which denied the claim of Andrews Van Lines, Inc., (Andrews) for reimbursement of amounts collected by setoff for damage to a shipment of household goods.1 We affirm the Claims Group's settlement. The household goods of Sergeant John D. Hornsby, USAF, were picked up at Glendale, Arizona, on November 2, 1990, under government bill of lading No. TP-353,583 and were delivered to Las Vegas, Nevada, on February 19, 1991. The Air Force paid Sergeant Hornsby $1,596.87 for damage to the household goods and collected $1,276.92 from Andrews by setoff. The Claims Group denied Andrews' claim for reimbursement of $1,081.00 of that amount. In its appeal Andrews now claims reimbursement in the amount of $767.25. In support of its claim Andrews argues that it did not receive timely notice of the damage to one item, that the Air Force inspection is invalid because it was not dated and signed, and that much of the damage claimed was preexisting damage. A prima facie case of carrier liability is established by a showing of tender of goods to the carrier in good condition, delivery in a more damaged condition, and the amount of damages. See Missouri Pacific Railroad Co. v. Elmore & Stahl, 377 U.S. 134 (1964). 1Z-2729037-91, March 30, 1995. 12431130