Matter of: Department of the Army - Reconsideration File: B-255777.2 Date: May 9, 1994

Matter of: Department of the Army - Reconsideration File: B-255777.2 Date: May 9, 1994

DIGEST

DECISION

The carrier claimed that it was not liable because the damage to the VCR was internal, and that the shipper did not prove that the VCR had sustained transit-related damage. Our Claims Group allowed the carrier's claim because there was no showing that the VCR was in working condition when tendered to the carrier, or of rough handling or other negligence on the carrier's part (such as external damage). In requesting reconsideration, the Army argues that the record includes sufficient circumstantial evidence for the logical inference that the VCR was damaged in transit. The Army has included with the request additional evidence in that regard.

To establish a prima facie case of carrier liability, the shipper must show (1) that he tendered the property to the carrier in a certain condition; (2) that the property was not delivered by the carrier or was delivered in a more damaged condition; and (3) the amount of loss or damage. See Missouri Pacific Railroad Co. v. Elmore & Stahl, 377 U.S. 134 (1965). The burden of proof then shifts to the carrier to show that it was not liable for the loss or damage.

We agree with the Army that the record establishes a prima facie case of carrier liability. The Army has furnished a letter from the shipper stating, in part:

". . . the VCR was functional prior to moving from Ft Wainwright, AK to Ft Carson, CO. We used it often prior to moving with no problems . . . I assure you that the VCR was in working condition when packed and stored."

The record thus contains evidence that the property was tendered to the carrier in working order and that it did not work when it was delivered.

Moreover, the VCR did not work after delivery because a normally sturdy internal component (a printed circuit card) was physically broken. The record shows that such damage is consistent with the item having been dropped.

Since a prima facie case of carrier liability has been established, the burden of presenting evidence in rebuttal shifts to the carrier. Jones Motor Co., Inc., B-202426, July 8, 1981. Here, the carrier has not shown that its actions were not responsible for the VCR's broken internal component.

The Claims Group's settlement is reversed.

To: Director, Claims Group - Sharon S. Green

From: Acting General Counsel - Robert P. Murphy

Subject: Department of Army Reconsideration - B-255777.2 (Z-2861592)

Attached is your file Z-2861592, along with a copy of our decision in which we reverse the settlement.