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B-235558 1 (1989-12-19)

handle is hein.gao/gaobadnqv0001 and id is 1 raw text is: f-1 I-, - ; (The Comptroler General of the United States Washington, D.C. 20548 Decision Matter of: Fogarty Van Lines File: B-235558 Date: December 19, 1989 DIGEST A carrier does not overcome the government's prima facie case of liability against it for damaged property by asserting that the property owner, who did not allege the damage until after delivery, denied the firm the right to inspect in the stipulated time period, where the owner denies the carrier's assertion and the carrier did not meet its obligation to pursue its inspection right vigorously once it perceived that the owner would not cooperate. DECISION Fogarty Van Lines requests that we reconsider our Claims Group's denial of the firm's claim for reimbursement of $1,691.79 that the Air Force set off from amounts otherwise due Fogarty after payment to Major Gregory Alston for damage to the member's household goods. Fogarty maintains that Major Alston prevented it from inspecting household goods that he alleged, after delivery, the carrier had damaged, and that the Air Force refused to help Fogarty exercise its right to inspect. Fogarty argues that its liability therefore should be limited to those items noted as lost or damaged at delivery. Our Claims Group found that the primary reason Fogarty did not inspect was the carrier's own failure to insist on its right to do so, and disallowed the claim. We affirm the Claims Group's decision. BACKGROUND In June 1987 Fogarty's agent, Clark Van Lines, transported Major Alston's household goods from Montgomery, Alabama, to his new quarters near Langley Air Force Base, Virginia. When the shipment was delivered on June 26, Major Alston and C5-+-( a34/ 141,: a ;? 5

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