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B-193432 1 (1979-09-13)

handle is hein.gao/gaobadhpd0001 and id is 1 raw text is: 



                        THE COMPTROLLER GENERAL
DECISION                OF  THE   UNITED STATES
                        WASHINGTON. D.C. 20548
                  WJ AT    S



FILE:    B-193432            DATE:September 13, 1979

MATTER  OF:   Chandler Trailer Convoy Inc. --
              Reconsideration

DIGEST:

       Jleic  /4? Z~ t c- 7

 1.   Used condition of mobile home does not
      rebut prima facie showing of good order
      delivery to carrier by original Govern-
      ment bill of lading.

 2.   Difficulties experienced by mobile home
      carrier in proving cause.of damage is
      insufficient reason for GAO to relieve
      carrier from burden of proof imposed
      upon it by well-established legal prin-
      ciples.

 3.   In absence of competent evidence from
      carrier concerning unreasonablenegs of
      cost of repairs and market value of
      damaged mobile home, little basis exists
      for ignoring administrative determination
      of damages.

 4.   Carrier has no right to insist that re-
      pairs or replacement actually be made
      and settlement by Army of member's claim
      under Military Personnel and Civilian
      Employees' Claims Act by payment of sum
      of money for damage to member's mobile
      home not subject to GAO review.

      Chandler Trailer Convoy Inc. (Chandler) requests
 reconsideration of our decision of June 1, 1979, B-L--
 193432. We held that the Government's prima facie
 case of carrier liability, established by evidence
 showing substantially more damage to a mobile home
 at destination than shown on the original Government
 bill of lading (GBL) at time of receipt by the car-
 rier at origin, is not rebutted by the carrier's mere
 opinion that used mobile homes generally have the
 propensity to sustain damage when transported a      a
 distance.

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