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B-214554 1 (1984-12-14)

handle is hein.gao/gaobadmcl0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OKCISION op THE UNITEO STATES WASHINGTON. 0. C. 20548 FILE: B-214554 DATE: December 1h, 1984 MATTER OF: Continental Van Lines, Inc. DIGEST: 1. Prima facie case of carrier liability is not established where shipper provides no substan- tive evidence to support allegation that he tendered items to the carrier which shipper later claimed were lost while in the carrier's possession. 2. Prima facie case of carrier liability is not established where written notice of loss and damage provided to carrier does not specify item in question, and there is no other contemporane- ous evidence to support shipper's allegation that the item in question was not delivered by the carrier. Continental Van Lines, Inc., (Continental), appeals a settlement by our Claims Group disallowing its claim for $52 of $76 set off under government bill of lading (GBL) No. AP-481359. The $76 was withheld by the Navy from money otherwise due to Continental because Continental was found liable for loss and damage to items in a shipment of house- hold goods belonging to a member of the Navy, which were transported by Continental and its agents from Gales Ferry, Connecticut, to Virginia Beach, Virginia. Continental contends that it is not liable for the loss of two item., i tent and certain pieces of silverware, because there is no proof that these items were tendered to Continental for transport; Continental asserts that it is not liable for the loss of a third item, a chair, because timely notice was not filed for this particular item within 45 days of delivery. We sustain Continental's appeal. Continental was given a notice of loss and damage (DD Form 1840) 1 week after delivery. The form 1840 advised Continental that the owner intended to file a claim for loss or damage and requested tracer action by the carrier

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