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B-230381 1 (1988-11-22)

handle is hein.gao/gaobadnhn0001 and id is 1 raw text is: ZThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Interstate Van Lines, Inc. - Damaged Refrigerator File: B-230381 Date: November 22, 1988 DIGEST Where the evidence indicates that part of the damage to a refrigerator was caused by the nature of the refrigerator to deteriorate according to the natural law of heat, the carrier is not liable for that part of the damage because it is an exception to common carrier liability. However, where the evidence does not show that a dented door and broken liner were solely caused by heat, the carrier is liable for that part of the damage. The matter is remanded to the Navy to allocate an amount to each part of the damage out of the total repair bill and then refund to the carrier the amount found to be due, if any, out of the amount the Navy has already collected. DECISION Interstate Van Lines, Inc./Ace Van & Storage Company, Inc. (Interstate), has appealed our Claims Group's denial of its claim for $120 the Navy collected from Interstate for damage to a refrigerator that was in a service member's shipment of household goods.l/ We sustain the denial for one part of the damage but reverse the denial for a separate part and remand the claim to the Navy to determine the amount to be allowed, if any. The damage to the refrigerator is described on the repair receipt: . . . Found Int. door liner broke & door dented. Found molding in freezer swollen probably due to heat in storage. Liner and Moulding $231.00. Box damaged from moving. Although the Navy reimbursed the service member 1/ The shipment, which was transported by the Navy under Government Bill of Lading NP-897665, was picked up in Virginia in July 1985, delivered in Florida in August 1985, and belonged to Commander Francis W. St. Pierre, USN. 04,0047 / 1371,

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