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B-206117 1 (1982-09-21)

handle is hein.gao/gaobadkpu0001 and id is 1 raw text is: THE 'OMPTROLLER EUNkRAL DECISION 9 OF THU UNITED 12TATUE -- WASHINGTON D.C. 51054 FILE: 3-206117 DATE: September 21, 1982 MATTER OF; Pall Arpin Van Linf-, Inc. DIGEBT: A prima facde case of carrier liability is not estalished where the shipper furnishes no substantive evidence to support his allegation that he tendered to the carrier property that. he later claims was lost. Paul Arpin Van Lines, Inc., appeals a settlement of our C aims Group disallowing its claim for reim- bursement of $54, an amount which had been set off from monies otherwise due Arpin efter Arpin was found ) iLble for the loss of two china platters allegedly contained in a chipmnt of household goods belonging to a member of the Army. Arpin transported the shipment from Fort Sill, Oklahoma, to Fort Gordon, Georgia, under Government bill of lading M-3624888. Arpin contends that it should not be liable for those items because of the absence of any proof that they wire tendered to Arpin for transportation. Arpin also believes that the methoi by which the Army computed the setoff was in error. We sustain the appeal. The Army allowed the member's claim against Arpin for the loss of the two china platters apparently because Arpin was responsible for packing the member's household goods and because the member acknowledged in writing the criminal penalties for filing a false claim. Since the detailed inventory of the member's houaehold goods, prepared by Arpin, did not specifi- cally list the items claime6 to be lost, the Army dete.rmined the amount of the setcff by assigning the two platters to a shipping carton that held related items (Dirh Pack, China) and calculating Arpin's liabI..lity based on the weight of that carton. Our Claims Group agreed that Arpin was liable, and also

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