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B-270114 1 (1996-05-22)

handle is hein.gao/gaocrptadwo0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Carlyle Van Lines File: B-270114 Date: May 22, 1996 DIGEST A delivering carrier is responsible for the loss of, or damage to, a service member's household goods that were prepacked by a nontemporary storage contractor if the service member otherwise presents a prima facie case of liability against the delivering carrier. While the carrier may not have a general obligation to open prepacked containers of household goods to examine their contents, the carrier is the last bailee to possess such goods prior to delivery, and, in the absence of evidence that the loss did not occur in its custody, it is presumed that the loss did occur while in its custody. DECISION Carlyle Van Lines requests review of our settlement (Settlement Certificate Z-2866671-26) of September 13, 1995, in which we denied its claim for a refund of amounts set off against it by the United States Air Force to recover for transit loss or damage to service member's household goods. Two missing items remain in dispute in this review: a glass lamp with flowers ($184.90) and a missing box spring ($145.00). We affirm our settlement. Background The service member shipped household articles from Germany in November 1985, and they were placed into temporary storage. Afterwards, the goods were converted to nontemporary storage (NTS), and the NTS contractor in Phoenix, Arizona, prepared a second inventory. Under a separate bill of lading,1 Carlyle obtained the household goods from the NTS contractor in June 1991, and delivered them to the service member in Vandenberg Air Force Base, California, on July 11, 1991. The descriptive inventory at origin in Germany showed item 41 as a glass lamp with flowers, and item 67 as a spring. When Carlyle obtained the goods in 1991, the NTS contractor provided it a second inventory that facially contained 1Personal Property Government Bill of Lading TP-346,854 (Tricia Griggs). 320521

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