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B-247449 1 (1992-07-27)

handle is hein.gao/gaobadocu0001 and id is 1 raw text is: * IIYL Ittn Comptroller General of the United States WaletbWn, DC. 205148 Decision Hatter of: File: Date: Fogarty Van Lines B-247449 July 27, 1992 DIGEST A carrier is not liable for provide sufficient evidence in the carrier's custody at damaged. damage to an item if it that the goods at issue the point at which they can were not were DECISION Fogarty Van Lines (Fogarty) requests review of our Claims Group's settlement of December 10, 1990, denying its claim for $80 which the Air Force sitoff from revenues otherwise due to Fogarty to compensate for damage to a chandelier, We reverse the Claims Group's settlement with respect to this item. The chandelier, among other household goods, was picked up by Swanner Transfer and Storage (Swarmer) on May 8, 1987 and plcced in nontemporary storage in June of 1987. In October 1988, the goods were pickedup from the nontemporary (NTS) storage facility by Fogarty pursuant to GBL No. RP-035,197 and were delivered to O'Fallon, I11inois, on October 13, 1988. Fogarty contends that the chandelier was not in its custody when it was damaged, and that it should not be held liable for the $80 setoff granted in the settlement. To obtain damages under common law, the shipper must make a prima facie case by showing delivery in good condition, atrival damaged, and the amount of damages. Missouri Pacific Railroad Co. v. Elmore and Stahl, 377 U.S. 134 (1964). There is also a presumption at common law thatewhen the goods have passed through successive custodians, the damage which occurred is attributed to the last one. McNamara-Lunz Vans and WarehousesInc., 57 Comp. Gen. 415, 418 (1978). The carrier then bears the burden of proving either that the damage did not occur while in its custody or that the damage can be attributed to one of five exceptions. Id. at 418. 1pL9 qm

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