Allied Intermodel Forwarding, Inc.-Claim for V. B-261308

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B-261308 1 (1995-11-09)

handle is hein.gao/gaocrptacbt0001 and id is 1 raw text is:

Comptroller General
of the United States
Washington, D.C. 20548

Decision

Matter of: Allied Intermodel Forwarding, Inc.-Claim for Reimbursement of
Amounts Collected by Setoff for Loss of Household Goods

File: B-261308

Date: November 9, 1995

DIGEST

When a case of prima facie liability has been established with regard to a shipment
of household goods, the carrier is liable unless he presents sufficient evidence to
rebut the liability.

DECISION

This is in response to an appeal of a Claims Group settlement which denied the
claim of Resource Protection on behalf of Allied Intermodel Forwarding, Inc.,
(Allied) for reimbursement of amounts collected by setoff for loss of items in a
shipment of household goods. We affirm the Claims Group's settlement.

The household goods of Sergeant First Class James D. Dominick, USA (Retired),
were picked up in Tacoma, Washington, on March 4, 1992, and were delivered to
Port Huron, Michigan, on May 21, 1992. Form 1840, completed at delivery, indicates
that a lawn mower, 2 trash cans, and 10 mini-blinds were missing. The shipper later
discovered that many items from other boxes were missing, including the entire
contents of some boxes. The missing items were listed on form 1840R along with
other items which were damaged. The Army made a demand on Allied in the
amount of $5,680, which was later reduced to $5,476. The latter amount was
collected from Allied by setoff. Resource Protection now claims $4,043.28 of that
amount on behalf of Allied.

In an unrelated transaction Sergeant Dominick put some of his household goods
into storage in July 1993, with the same company which had handled them before.
Personnel there observed that the stored items included a lawn mower, mini-blinds,
and cartons with the same numbers as those on form 1840R Sergeant Dominick
completed earlier. Resource Protection argues that this information rebuts Allied's
prima facie liability for the missing items.

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