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B-193182 1 (1981-03-18)

handle is hein.gao/gaobadjfi0001 and id is 1 raw text is: S ,THE COMPTROLLER GENERAL DECISION * ;, OF THE UNITED STATES WASHINGTON. 0.C. 20548 -1V001-1A 17- 5e. 114,za FILE: B-193182 DATE: 'drch 18, 1981 MATTER OF: Paul Arpin Van Lines, Inc. DIGEST: Where record indicates doubt as to con- dition of property when tendered to carrier for shipment and condition of goods when delivered, Government has not established prima facie case of carrier liability, and carrier can- not be held liable for damage. Paul Arpin Van Lines, Inc. (Arpin), appeals a 4settlement of our Claims Group (Claims) which disal- lowed its claim for $72. This amount was set off from monies otherwise due Arpin for damage sustained to a sofa which was contained in a shipment of household goods belonging to Captain Spencer Burnette. The shipment was transported from Wrightstown, New Jersey, to Fort Benning, Georgia, under GBL M-2478388, dated June 8, 1977. In its Settlement Certificate of October 22, 1980, Claims determined that Arpin had failed to rebut the prima facie case of bailee negligence and carrier lia- bility in accordance with 49 U.S.C. S 20(11) (1976) and the standards established in Missouri Pacific Railroad Co. v. Elmore & Stahl, 377 U.S. 134 (1965). Arpin con- tended that the specific damages asserted by the Depart- ment of the Army existed upon receipt of the sofa and were noted at that time as preexisting damage. Claims rejected the contentions referring to Army records which indicated that the sofa sustained additional damage while in Arpin's possession. We do not believe the Government can establish a prima facie case of carrier liability because of sub- stantial doubt in the record as to whether the damages claimed were preexisting or not. To establish a prima facie case of carrier liability, the facts must show that (1) the shipment was tendered

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