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B-193182 1 (1978-12-12)

handle is hein.gao/gaobadgsj0001 and id is 1 raw text is: , g TE COMIPTROLLIR UUNENAL DECISION a. CF THE UNITED STATES VJAG 1A('NGTON, D.C 2U54 r %l lt FILE: B-193182 DATE: December 12, 1978 MATTER OF: Paul Arpin Van Lines, Inc. DIGEST: 1. When there is a dispute between a carrier and the Navy 'over a question of fact, CAO will accept the Navy's report as correct in absence of sufficiently clear and convincing - evidence to contrary. 2. Even though delivery receipt was not excepted to, carrier is not absolved of all liability; delivery receipt is not con- clusive and is subject to rebuttal by timely notice to carrier of later discovered damage. 3. Mere allegations are not sufficient to rebut prima fade case of carrier liability. -- This decision is In response to a letnr of August 21, 1978, from Paul Arpin Van Line', Inc. , requesting 2econsideration of the action taken by our Claims Division in its settlement certificate of August 8, 1978, claim number Z-1798160(12). In the settlement, the Division disallowed Paul Arpin's claim for refund of $72 which was administratively setoff from amoun.tn othorwine payable to the company. The deduction represents the releansed value of damages to a Navy member's household effects Incurred in tranciL front Summerville, South Carolina, to Chesipeake, Virginia. By Government bill of lading No. K-2672442, Paul Arpin Van Lines, Inc., contracted with the Department of the Navy to transport the household goods of M1M2 Charles N. Nuss from Summerville, South Carolina, to Chesipeake, Virginia. The shipment was delivered on Novimber 1, 1976. The carrier's employees were insttructed by the member to place an air conditioner and other items outside of a shed behind his house. AL some point after the aoving crew had departed, 112 Nusn noticed damage to the front grill and compressor of the air conditioner. The member filed a claim against the Government for the damage. His ciaim was allowed. The Government, subrogated to the riember's tights, made a claim against Paul Arpin Van Lines based on the released value of the air crndiiioner. After the carrier Jenied liability for thc damage. -:ho amount of $72 was seLoff from monies othcrwise due him. I

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