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B-248187 1 (1992-09-08)

handle is hein.gao/gaobadodj0001 and id is 1 raw text is: I Comipiroiler General of the United States Wahlngton, D,C, 20548 Decision Matter of: Perishable Deliveries, Inc. File: B-248187 Date: September 8, 1992 DIGEST Shipper makes Prima facie case of liability against a carrier for the loss of 40 cases of bananas in a shipment of 1,016 cases of foodstuffs pursuant to a bill of lading where the driver, responsible for loading and counting the shipment, acknowledged receipt of 1,016 cases. Record does not support carrier's contention that driver was mistaken and that he nevei actually received the bananas fro:n the warehouse. DECISION Perishable Deliveries, Inc. (PDI), iequests review of our Claims Group's settlement denying the company a refund of $650.80 (plus $18.18 interest) set off by the Defense Finance and Accounting Service-Indianapolis Center against funds otherwise due to PDI for the in transit loss of 40 cases of bananas, We affirm the Claims Group's decision. Pursuant to Government Bill of Lading (GBL) C-9,789,626, PDI agreed to pick up 1,016 cases of produce and other foodstuffs from a government warehouse on March 1, 1991. Upon delivery at the Fort George G. Meade Commissary, the consignee reported that 40 cases of bananas, which were supposed to be part of the total 1,016 cases of foodstuffs, were missing. The carrier states that it never received the 40 cases, even though its driver acknowledged receiving 1,016 cases and the GBL required the carrier to load and count at the warehouse. PDI contends that the 40 cases of bananas actually were never received at the origin warehouse. As proof, PDI has offered copies of two pages of a computer printout which, it contends, reflects the produce that was delivered to the warehouse by suppliers on March 1, the pick-up date. It is not clear how many additional pages were involved in the printout, and the date on the printout is handwritten. But,

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