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B-229087 1 (1988-03-28)

handle is hein.gao/gaobadnaz0001 and id is 1 raw text is: The Comp lroler General of the United States Washington, D.C. 20548 Decision Motor Service Company, Inc. - Liability Matter of. for Damage to Mobile Home and Contents File: B-229087 Date: March 28, 1988 DIGEST A common carrier, that delivered an Air Force member's mobile home and its contents in much worse condition than when they were picked up, alleges that the owner interfered with its drivers when they were attempting to prepare the - trailer for occupancy at destination and contests the amount of damages, $7,750, without presenting sufficient evidence to show that the Air Force determination was unreasonable. Under these circumstances the denial of the carrier's claim for $7,750 (its maximum, contractual, limited liability), that was withheld from funds otherwise due the carrier, is affirmed, since all the damage estimates were approximately $20,000. DECISION Motor Service Company, Inc. (MSC) appeals our Claims Group's determination that it is liable for $7,750, the full limited contractual liability for damage to a mobile home and its contents that occurred when MSC moved the mobile home for the Air Force. Since MSC does not deny that the unit was damaged in transit or show that the damage was less than $7,750, we affirm the Claims Group's determination and deny MSC's claim. BACKGROUND Two MSC drivers picked up separate halves of a double-wide mobile home belonging to Sergeant William P. Elledge, USAF, in January 1985, in Ray City, Georgia, and delivered them to Lackland Air Force Base, Texas. The mobile home had been purchased new slightly over a year before the move for an amount in excess of $25,000. At time of pick-up, slight scratches were noted by the drivers. Extensive damage to one section of the mobile home was noted when it was delivered on February 6, 1985, and the owner refused to sign the delivery documents until the other half arrived, when

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