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B-246852 1 (1992-03-20)

handle is hein.gao/gaobadoai0001 and id is 1 raw text is: 0 V ~I It Comptroller General of the United States Waahington, fl,O, 20548 Decision Matter of: File: Date: American VanPac Carriers B-246852 March 20, 1992 DIGESTS 1 Fact delivery properly that shipper moved his household goods after by the carrier is not sufficient to prove that reported damage actually occurred after delivery. 2. A general denial by the no damage to the shipper's t driver delivered them does the damage was due to the c carrier' household not rebut arrier' s s driver that there w I goods at time the the presumption that negligence, DECISION American VanPac Carriers requests review Group's settlement of October 10, 1991, Force's setoff of $263.07 for damages to shipment of Air Force Captain Robert L. Government Bill of Lading TP-066,438. WE Group's settlement. of our Claims affirming the the household Sproc under e affirm the C Air goods laims The issue in this case is whether a prima facie case of carrier liability has been established, i.e.,delivery to the carrier in a certain condition, arrival in a more damaged condition, and the amount of damages. Missouri Pacific R.R. Co. v. Elmore.& Stahl, 377 U.S. 134, 138 (1964). The carrier was advised of damages on a DD Form 1840R issued 21 days after delivery. Under the Military- Industry Memorandum of Understanding (MOU), notice to the carrier on the DD Form i840R within 75 days of delivery overcomes the presumption of the correctness of the delivery receipt. See Sherwood Van Lines, 67 Comp. Gen, 211 (1988). American VanPac contends that the member's property was delivered to a mini-storage facility rather than to the member's new address. The carrier maintains that it therefore is not prima facie liable since damage was reported after the property was moved to the member's new address by someone other than the carrier. With its request for review, American Vanpac has furnished the driver's as (9 f )w

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