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B-193182 1 (1981-06-16)

handle is hein.gao/gaobadjlq0001 and id is 1 raw text is: TECOMVPTROLLER GENERAL DECISION ,OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-193182 DATE: June 16, 1981 MATTER OF: Paul Arpin Van Lines, Inc. DIGEST: Where request for reconsideration of claim presents no evidence demonstrating an error in fact or law and no arguments not previ- ously considered, prior decision is affirmed. The United States Army Claims Service, Department of the Army (Army), requests reconsideration of our decision in Paul Arpin Van Lines, Inc., B-193182, March 18, 1981. In that decision, we concluded that the Government had not established a prima facie case of carrier liability with regard to damage to a sofa belonging to Captain Spencer Burnett allegedly caused while transported by Paul Arpin Van Lines, Inc. (Arpin). We determined that the record failed to establish the condition of the goods when tendered to. the car- rier or that the carrier delivered the property in a more damaged condition. We instructed that Arpin's claim for the $72, setoff by the Army for the damage, be allowed. In its reconsideration request, essentially the Army contends that contrary to our findings, the record clearly established a prima facie case of carrier lia- bility with regard to damage to the sofa frame and to all the sofa legs. However, we do not believe the Army has presented any additional evidence not considered in our prior decision. Nor has it shown that our decision was in error. For example, with regard to the damage to the frame, we accept the facts, as presented by the Army, that Arpin took no exception to the frame's condition at origin, that the consignee's statement of delivery noted that the sofa frame was destroyed, and that the Government inspection approximately 5 weeks after -S 1-16 71 ,'7

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