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B-202117 1 (1981-05-20)

handle is hein.gao/gaobadjkd0001 and id is 1 raw text is: ..4 THE COMPTROLLER GENERAL DECISION • • OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-202117 DATE: May 20, 1981 MATTER OF: Chandler Trailer Convoy Inc. DIGEST: Where record indicates substantial doubt as to when damage to front of mobile home occurred, and amount of damages is not certain, Government has not established prima facie case of carrier liability, and carrier cannot be held liable for that damage. Chandler Trailer Convoy Inc. (Chandler) appeals a setoff action by the Navy in the amount of $750. This setoff from monies owed for bill No. 132626 under Govern- ment bill of lading (GBL) M-6299201 was for damage sus- tained to a mobile home which allegedly occurred during transportation of the mobile home of Petty Officer Ralph Clark, from Charleston, South Carolina, to Atlantic Beach, Florida. Clark submitted a claim for damage of $1,862 to the Navy because of damage allegedly caused by an accident in which a car collided with the back of the mobile home during its transportation by Chandler. There was damage to the left rear corner of the home at the point of the collision. Chandler does not dispute its liability for the left rear damage and has agreed to pay for the repairs. However, apparently, a significant portion of the set- off against Chandler relates to structual repairs to the front exterior and interior of the home. Chandler argues that this damage to the front end was not caused by the collision, but, rather, was caused by the attempt by Clark to lift the home onto blocks. Chandler relies on information provided by its adjuster, who found that after delivery Clark improperly used an automobile jack to lift the unit, causing the damage to the front, since use of more than one jack is necessary to avoid stress to the frame when lifting onto blocks. Where the Government can establish a prima facie case of carrier liability, the burden of proof shifts

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