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B-205084 1 (1983-06-08)

handle is hein.gao/gaobadlda0001 and id is 1 raw text is: 0 TAELOMPTROLLER GENERAL 02 I5/Q9 DECISION F. o FETHE UNITED STATES WASHINGTON. D. C. 20548 FILE: B-205084 DATE: June 8, 1983 MATTER OF: The Department of the Army--Request for Reconsideration DIGEST: 1. Where a carrier questions whether a shipper tendered property for transportation that the shipper claims was lost, the applicable case law requires the shipper to furnish some substantive evidence of tender in order to establish a prima facie case of carrier liability. 2. A prima facie case of carrier liability is not established where the shipper furnishes no substantive evidence to support his alle- gation that he tendered to the carrier prop- erty that he later claims was lost. The Department of the Army, on behalf of itself, the Departments of the Navy and the Air Force and the United States Marine Corps, requests reconsideration of our decision in Paul Arpin Van Lines, Inc., B-205084, June 2, 1982. We affirm our decision. In our decision, we found that a prima facie case of liability against a carrier, Paul Arpin Van Lines, Inc., for the alleged loss of certain household items during transportation was not established where the only evi- dence of tender of those items was the member's written acknowledgment of the criminal penalties for filing a false claim. That finding was based on the fact that the record was devoid of any indication that the shipping car- tons had been opened or that most of the items allegedly lost related directly to any category of items listed on the shipper's inventory. Thus, we reasoned that, even though Arpin had been responsible for packing the member's household goods, further evidence of tender was required before the burden of proof shifted to Arpin to show that it was not liable for the loss. We concluded that, under those circumstances, the Army improperly subtracted the member's claim for the lost items from money otherwise owed Arpin for the transportation of the member's household goods.

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