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B-265971 1 (1996-01-25)

handle is hein.gao/gaobablmn0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-265971 January 25, 1996 Mr. Robert D. Walker Claims Adjuster American Van Services, Inc. P.O. Box 2317 Fort Walton Beach, FL 32549 Dear Mr. Walker: This is in response to your August 21, 1995, letter appealing settlement Z-2862118-66 dated August 14, 1995, of our Claims Group regarding the shipment of household goods of Francis Bruno under GBL SP-197-332 and the resulting damage to the goods. A chair (Inventory 115) sustained a damaged right arm for which you concede liability for the $175 repair cost, but you object to a total refinishing of the chair at an additional cost of $100 since there was preexisting damage which will also be repaired during the refinishing. We find it reasonable that following the repair of the arm, the chair would have to be refinished so that the newly repaired arm matches the rest of the chair. The fact that some preexisting damage may be repaired incidental to the repair of transit damage does not diminish the carrier's liability where the carrier has not demonstrated that the additional cost for doing so is ascertainable. American Van Services, Inc., B-256229, Sept. 8, 1994. No such showing has been made here. An artificial flower arrangement (Inventory 161) was crushed and the owner obtained a detailed estimate of $150 for replacement, listing the specific flowers to be used in the arrangement, which you dispute may not reflect the original arrangement's composition or that it could not be repaired. You have submitted no evidence beyond your allegation to support your claim. You did not avail yourself of your right to inspect the damaged arrangement, which might have yielded evidence to support your argument. No refund is due for this item. 845125

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