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B-193432 1 (1979-06-01)

handle is hein.gao/gaobadhgt0001 and id is 1 raw text is: DECISION FILE: B-193432 MATTER OF: DIGEST: coTHE COMPTROLLER GENERAL OF THE UNITED STATES WPVASHINGTON. D. C. 20548 DATE: June 1, 1979 Chandler Trailer Convoy Inc. 4 2 ,ror lf z'1/ rPJ 1. Shipper establishes prima facie case of carrier liability for damage in transit by showing failure to deliver the same quality goods at destination. 2. Once prima facie case of loss or damage in transit is es- tablished burden is on carrier to show by affirmative evidence that loss or damage did not occur in its custody or was sole result of an excepted cause and more suggestion or allegation is not sufficient. This decision is in response to a claim submitted by Chandler Trailer Convoy Inc. (Chandler), for $2,391.91 which represents the amount the Government set off to compensate it as subrogee to an Army member for damages to his mobile home transported under Govern- ment bill of lading (GBL) No. M-3281419. The GBL covered the shipment of a 65-foot, 1972, mobile home, belonging to an Army member, from DeRidder, Louisiana, to Wrightstown, New Jersey. On October 7, 1977, Chandler received the shipment in moveable condition subject to the exceptions noted on the Pre-Move Inspection Record. The record showed that all exterior sides of the mobile home had dents, but there was no evidence of buckling, holes, or scratches. The record also showed that the windows and doors had been secured and that the structure of the chassis was not bent or cracked. Chandler then transported the shipment to Wrightstown, New Jersey, where it was delivered October 18, 1977. At destination, the member reported damage to the front end of the home and to the front picture window; metal was torn on both sides of the home, windows were knocked out of alignment, the frames were bent and loose, the floor was buckled in the kitchen area, the interior panels were loose, the right side exterior had been hit, and insulating board under the home was torn loose. On December 21, 1977, a Government Inspector verified the damage to the mobile home. The member filed a claim with the U.S. Army Claims Service and submitted two estimates from repairmen, one for $4,269.93, the other for $3,996.93. The amount allowed the member by the Army Claims Service was $2,561.91, as follows:

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