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B-213842 1 (1984-02-08)

handle is hein.gao/gaobadlnh0001 and id is 1 raw text is: 'THE COMPTROLLER DENENAL OD CIiON -'oP THE UNITED ETATEE WASHINGTON, O.C. 0548 IqLE:B-213842 OATE: February 8, 1984 MATTER OF: Overnite Transportation Company DIGEST: Where government bill of lading showed 22 skids were accepted by carrier for shipment, and only 21 skids were delivered, a prima facie case of carrier liability has been iestablTsed, and a clear seal record has not been established suf- ficient to rebut the prima facie case. Overnite Transportation Company (OTC) requests review of our Claims Group (Claims) settlement which denied OTC's claim for reimbursement of S3,904.08. The Department of the Air Force offset this amount from revenues to satisfy a claim for property allegedly lost during an Air Force shipment. We deny the claim. The shipment was received by OTC as a solid load, 37,330 pounds on 22 skids. Skids are a low platform on which material, here, for example, boxes, are set for han- dling and moving. The shipper, MB Associates, loaded the shipment on a trailer in the presence of the OTC driver who verified the count. A seal was applied to the trailer; how- ever, the seal number was not recorded on the government bill of lading (GBL) or other shippinq documents when the shipment was accepted by OTC's driver at origin. Thus, the Air Force contends it is impossible to tell whether the seal opened at destination was the same seal which was applied at origin. When the seal was broken open at destination, Robins Air Force Base, and the cargo unloaded, the shipment was missing one skid valued at $3,904.08. Claims concluded that a prima facie case of carrier liability was established since- Ke GBL showed that 22 skids had been accepted by OTC for shipment and only 21 skids were delivered. As indicated by Claims, these facts constitute a o nia facie case of carrier liability based on the loading o specified number of skids and shortage at delivery. See U.S. v. Seaboard Coastline Ry., 384 F. Supp. 1103 (1974). Once a prima facie case has been established, the

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