B-170630, NOV. 13, 1970

B-170630, NOV. 13, 1970

HOUSEHOLD EFFECTS - STORAGE SUSTAINING DISALLOWANCE OF CLAIM FOR REIMBURSEMENT FOR STORAGE SPACE INCIDENT TO TRANSPORTATION OF HOUSEHOLD EFFECTS FROM GERMANY TO U.S. EMPLOYEE WHO INCIDENT TO TRANSPORTATION OF HOUSEHOLD EFFECTS FROM OVERSEAS PAID FOR STORAGE SPACE SHE WAS UNABLE TO UTILIZE MAY NOT BE REIMBURSED SINCE IT IS SHOWN THAT TRANSPORTATION WAS PROPERLY PERFORMED UNDER GOVERNMENT BILL OF LADING TO DESIGNATED DESTINATION AND THAT DELAY IN SHIPPING TO WAREHOUSE WAS RESULT OF EMPLOYEE'S DEALINGS WITH THE CARRIER RATHER THAN BY GOVERNMENT.

TO MISS MARY E. FANNING:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 1, 1970, IN WHICH YOU REQUEST RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF 2 MONTHS STORAGE CHARGES FOR SPACE RENTED BY YOU FOR STORAGE OF YOUR HOUSEHOLD EFFECTS AT FT. LAUDERDALE, FLORIDA, IN THE AMOUNT OF $62.30, INCIDENT TO THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM BERLIN, GERMANY, TO THE UNITED STATES, UNDER TRAVEL AUTHORIZATION DATED MAY 23, 1967, AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

THE PERTINENT FACTS AND CIRCUMSTANCES GIVING RISE TO YOUR CLAIM WERE STATED IN OUR OFFICE SETTLEMENT OF MAY 13, 1970, WHICH YOU AGREE ARE SUBSTANTIALLY CORRECT AND NEED NOT BE REPEATED EXCEPT FOR CLARIFICATION PURPOSES. IN YOUR RECENT LETTER YOU ADD THAT YOU ADVISED THE NAVAL SUPPLY CENTER (NSC) IN NORFOLK TO INSTRUCT COLONIAL TRANSFER AND STORAGE COMPANY, INC., THAT YOUR HOUSEHOLD GOODS WERE TO BE SHIPPED TO FT. LAUDERDALE. IS YOUR CONTENTION THAT THE FAILURE ON THE PART OF THE CARRIER TO DELIVER THE GOODS TO THE PROPER ADDRESS WAS DUE TO THE FAILURE OF NSC TO INSTRUCT THE CARRIER TO MAKE DELIVERY TO FT. LAUDERDALE RATHER THAN TO MIAMI. BASED UPON THE FOREGOING, YOU CONCLUDE THAT COLONIAL WAS ACTING AS AGENT FOR NSC AND THAT COLONIAL COULD NOT HAVE RELEASED THE SHIPMENT TO THE CARRIER UNTIL SO INSTRUCTED BY THE SUPPLY CENTER AND NOT UNTIL ALL STORAGE CHARGES TO COLONIAL HAD BEEN PAID.

IN EVALUATING THE CIRCUMSTANCES SURROUNDING THE SHIPMENT OF YOUR HOUSEHOLD GOODS TO FLORIDA, A MORE DETAILED REVIEW OF THE EVIDENCE SHOWS THAT IN YOUR LETTER DATED SEPTEMBER 9, 1968, TO COLONIAL, YOU MADE PAYMENT OF $31.23 FOR STORAGE CHARGES THROUGH SEPTEMBER 15, 1968, TO THAT COMPANY; THAT YOU STATED A COPY OF THE LETTER WAS SENT TO NSC REQUESTING THAT THEY RELEASE YOUR HOUSEHOLD EFFECTS FOR SHIPMENT TO FLORIDA; AND THAT YOU INFORMED COLONIAL THAT YOUR GOODS WERE TO BE DELIVERED TO A WAREHOUSE IN FT. LAUDERDALE. THE RECORD ALSO SHOWS THAT ON APRIL 19, 1968, AND OCTOBER 4, 1968, YOU WROTE TO COLONIAL REGARDING THE STORAGE AND SHIPMENT OF YOUR GOODS. IN THE LETTER OF OCTOBER 4, 1968, YOU INFORMED THAT COMPANY THAT YOU HAD NOT RECEIVED A REPLY TO YOUR LETTER OF SEPTEMBER 9, 1968, AND THAT YOU HAD A WAREHOUSE, STANDING IDLE, IN FT. LAUDERDALE. BY LETTER OF OCTOBER 9, 1968, FROM COLONIAL TO YOU IT WAS STATED THAT THE SHIPMENT WAS RELEASED ON SEPTEMBER 26, 1968, TO THE CARRIER AND CONSIGNED UNDER A GOVERNMENT BILL OF LADING TO SUDDATH OF SOUTH FLORIDA, 398 N. E. 79TH STREET, MIAMI, FLORIDA, FOR FURTHER DELIVERY TO THE WAREHOUSE IN FT. LAUDERDALE. THE CONTENTS OF THIS LETTER SHOW THAT COLONIAL WAS, IN FACT, PROPERLY INSTRUCTED BY YOU AND NSC TO DELIVER THE GOODS TO FT. LAUDERDALE. THE ONLY REMAINING RESPONSIBILITY OF THE GOVERNMENT WAS THE COST OF TRANSPORTING YOUR EFFECTS TO THEIR FINAL DESTINATION AT FT. LAUDERDALE. FROM THE RECORD IT APPEARS THAT THE SUPPLY CENTER ENGAGED COLONIAL TO STORE YOUR GOODS IN NORFOLK AND APPROVED THE CARRIER, ADLEY EXPRESS COMPANY/MILLER MOTOR EXPRESS, TO TRANSPORT THEM TO FT. LAUDERDALE RATHER THAN TO LOS ANGELES, CALIFORNIA, AS AUTHORIZED IN YOUR TRAVEL ORDERS.

IT IS FURTHER SHOWN THAT IN A LETTER DATED OCTOBER 24, 1968, TO THE TRANSPORTATION OFFICER AT HOMESTEAD AIR FORCE BASE, YOU REQUESTED DELIVERY FROM MIAMI TO FT. LAUDERDALE DURING THE WEEK OF NOVEMBER 3 TO NOVEMBER 9, 1968. A MEMORANDUM FROM ONE SGT. SHAHEEN, TRAFFIC MANAGEMENT DIVISION, CONFIRMED A CONVERSATION WITH YOU ON NOVEMBER 8, 1968. IN THAT LETTER HE STATED YOUR HOUSEHOLD GOODS ARRIVED IN MIAMI ON OCTOBER 8, 1968 (AT SUDDATH OF SOUTH FLORIDA), AND INSTRUCTED YOU TO NOTIFY HIM OR SGT. CHAMPAGNE AS TO DELIVERY THEREOF. YET, WITHOUT FURTHER EXPLANATION, THE GOODS REMAINED IN MIAMI UNTIL FEBRUARY 8, 1969. IT IS NOTED THAT FT. LAUDERDALE IS ONLY ABOUT 25 MILES FROM MIAMI AND THAT YOU WERE AWARE THAT YOUR HOUSEHOLD EFFECTS WERE AT SUDDATH'S IN MIAMI SHORTLY AFTER OCTOBER 9, 1968. IT APPEARS FROM THE RECORD THAT YOUR SHIPMENT WAS TRANSPORTED IN AN ORDERLY MANNER; THAT ANY DELAY IN THEIR DELIVERY TO THE WAREHOUSE IN FT. LAUDERDALE WAS NOT THE FAULT OF THE GOVERNMENT; AND THAT YOUR DEALINGS AS TO STORAGE OF THE GOODS IN FLORIDA WERE DIRECTLY WITH COLONIAL ACTING IN ITS CAPACITY AS YOUR AGENT AND, THEREFORE, DIRECTLY ANSWERABLE TO YOU FOR ANY NEGLIGENCE ON ITS PART OR BY ITS AGENTS IN THE STORAGE OF YOUR GOODS IN FLORIDA.

WE REGRET THAT YOU PAID FOR STORAGE SPACE IN FT. LAUDERDALE WHICH YOU WERE UNABLE TO USE. HOWEVER, BASED UPON THE EVIDENCE OF RECORD, WE ARE WITHOUT LEGAL AUTHORITY TO AUTHORIZE REIMBURSEMENT OF SUCH EXPENSES BY THE GOVERNMENT. ACCORDINGLY, THE SETTLEMENT OF MAY 13, 1970, IS SUSTAINED.