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B-248185 1 (1992-09-02)

handle is hein.gao/gaobadbyo0001 and id is 1 raw text is: J4 A.-- * Comptroller General of the United States Wahlnton, D.C. 20648 Decision Matter of: Eastern Forwarding Company File: B-248185 Date: September 2, 1992 DIGEST Loss of or damage to goods that pass through the hands of several custodians is presumed to have occurred in the custody of the last one. DECISION Eastern Forwarding Company requests review of our Claims Group's settlement denying its claim for a refund of amounts the Navy set off against funds otherwise due Eastern, for loss and damage to a service member's household goods. We affirm the settlement. Eastern picked up the household goods from a non-temporary storage (NTS) warehouse where they had been stored for more than 2 years;1 Eastern did not take any exception to the inventory at that time. After Eastern delivered the goods the next month, the member claimed that some items had been lost and some damaged. Notice was timely dispatched to Eastern, and the Navy subsequently set off the funds in issue. Our Claims Group endorsed the Navy's action in its settlement. In requesting further review, Eastern argues that it should not be held liable for loss/damage to articles that had been stored in the w r ouse because (1) Department of Defense (DOD) 4500.34R, ersonal Property Traffic Management Requlation, expr ssly precludes a carrier from opening containers to inspect their contents when the carrier receives a shipment from a warehouse for delivery, and (2) the shipment was in theocustody and control of the warehouseman and/or the government for a significant amount of time. We find no legal merit in Eastern's argument. It is well- established that loss of or damage to goods that pass 'Eastern's services were rendered under Government Bill of Lading TP-609,085.

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