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B-197911.5 1 (1989-06-22)

handle is hein.gao/gaobadnmg0001 and id is 1 raw text is: a The Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Interstate Van Lines, Inc. File: B-197911.5 Date: June 22, 1989 DIGEST A general allegation that the carrier negligently packed a phonograph turntable is not a valid basis to hold the carrier liable for an out-of-balance phonograph turntable shipped with a military member's household goods. A prima facie case without proof of negligence may be established against a carrier by showing that the carrier received the article at origin in good condition and delivered it in damaged condition, with proof of the amount of damages. But the carrier's failure to detect and document any imbalance existing when it received the turntable did not establish receipt in good condition, since it could not reasonably be expected that the carrier would play the phonograph to observe the imbalance. Other proof of good condition upon receipt was not submitted, and there was no proof of the carrier's negligence. DECISION This action concerns Interstate Van Lines' appeal of its claim for a refund of $36, the amount collected by the Navy because of an unbalanced phonograph turntable transported with other household goods of Ensign Randall L. Davis. Our Claims Group sustained the Navy's action. In the record before us, there is no evidence that the turntable was in balance and in good condition when received by Interstate Van Lines for shipment. Therefore, there is no prima facie case against Interstate Van Lines for damages. Nor is there any proof in the record that Interstate Van Lines negligently packed the turntable or caused the turntable to be unbalanced. Consequently, Interstate's claim should be allowed in the amount of $36. Interstate Van Lines packed the household goods, including the turntable, on or about February 23, 1984, at Ensign Davis' old residence in Ridgeville, South Carolina. Oa468t/ F

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