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B-260372 1 (1995-10-31)

handle is hein.gao/gaocrptacad0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Cartwright International Van Lines File: B-260372 Date: October 31, 1995 DIGEST Where pieces of bedroom set were delivered from nontemporary storage with wrong drawers and carrier did not complete a rider noting the damage, the carrier is liable for the damage as prima facie case of liability is established and prior settlement of Claims Group is reversed. DECISION The Chief of the Personnel and Recovery Division of the U.S. Army Claims Service requests review of Settlement No. Z-2609168-106 which found the collection by the Army of $1,006 from Cartwright International Van Lines for transit loss in connection with a shipment of household goods of a service member to have been improper. We reverse the settlement. Cartwright picked up the shipment from nontemporary storage on April 30, 1991, in Phoenix, Arizona, and delivered it on May 7, 1991, to Augusta, Georgia. A six-piece bedroom set was delivered but with many drawers that did not belong to the set and did not match. Two nightstands had four incorrect drawers, a chest had two wrong drawers out of five and all six drawers in a dresser were incorrect. Our Claims Group found that the Army had not established a Drima facie case of carrier liability by failing to show the tender of the goods to the carrier in a certain condition. Missouri Pacific R.R. v. Elmore & Stahl, 377 U.S. 134 (1964). There was nothing in the file to show that the dresser was delivered without drawers. If the drawers were not delivered, tender could be shown in the absence of a rider, because a dresser without drawers should be obvious at the time of pick up. Here, however, each drawer hole had a drawer in it and there is nothing to show that the carrier was tendered anything other than what was delivered. Accordingly, our Claims Group found that the carrier was due a refund of the amount offset for the bedroom set, $1,006. 12301030

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