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

LOG IN
LOG IN


B-261975 1 (1995-11-09)

handle is hein.gao/gaocrptacdo0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: American Van Services, Inc.-Claim for Reimbursement of Amounts Collected by Offset for Loss or Damage to Household Goods File: B-261975 Date: November 9, 1995 DIGEST The General Accounting Office will not question an agency's calculation of the value of the damages to items in the shipment of a member's household goods unless the carrier presents clear and convincing evidence that the agency acted unreasonably. DECISION This is in response to an appeal of a Claims Group settlement1 which denied the claim of American Van Services, Inc., for reimbursement of amounts collected by offset for loss or damage to household goods. We affirm the Claims Group's settlement. Under government bill of lading No. SP-224-223, American delivered the household goods of Army Major Wendy R. Mullins from storage-in-transit on October 12, 1993. At delivery the carrier's agent noted some missing and damaged items on Department of Defense (DD) Form 1840. Major Mullins later noted more missing and damaged items on DD Form 1840R. The DD Form 1840R was sent to American on December 1, 1993. Major Mullins filed a claim with the Army. The Army settled her claim and demanded $1,319.00 from American. In response American offered $542.25. The Army reduced its claim to $1,237.00, which was collected from American by setoff. The Army has since offered a refund of $36.78, but American claims further reimbursement. A prima facie case of carrier liability is established by a showing that the shipper tendered property to the carrier, that the property was not delivered or was delivered in a more damaged condition, and that the amount of damages has been determined. The burden of proof then shifts to the carrier to rebut the Drima facie liability. See Missouri Pacific Railroad Co. v. Elmore & Stahl, 377 U.S. 134 (1964). 1Settlement Z-2862118, Apr. 11, 1995. 707118