Carrier Liability for Mobile Home Damage

A common carrier company requested a reconsideration of a decision which held that the Government's prima facie case of carrier liability, established by evidence showing substantially more damage to a mobile home at destination than shown on the original bill of ladling (GBL) at the time of receipt by the carrier at origin, was not rebutted by the carrier's mere opinion that used mobile homes generally have the propensity to sustain damage when transported a great distance. The company contended that the condition of the mobile home was not considered when it was received by the company; that the mobile home was in a bad state when received at origin; and that a carrier is not liable for preexisting damage. The prior decision was affirmed for the following reasons: (1) the used condition of the mobile home did not rebut the prima facie showing of good order delivery to the carrier by the original Government GBL; (2) difficulties experienced by the carrier in proving the cause of damage was insufficient reason to relieve the carrier from burden of proof; (3) in the absence of competent evidence from the carrier concerning the unreasonableness of repair costs and market value of the damaged home, little basis existed for ignoring an administrative determination of damages; and (4) the carrier had no right to insist that repairs or replacement be made, and the settlement by the Army of its members' claim was not subject to GAO review.