BNUMBER:  B-270379
DATE:  May 22, 1996
TITLE:  American Van Services, Inc.

**********************************************************************

Matter of:American Van Services, Inc.

File:     B-270379

Date:May 22, 1996

DIGEST

When prima facie liability has been established, the burden of proof 
shifts to the carrier to rebut its liability.  In the present 
situation, a prima facie case of carrier liability has been 
established in our view, and the carrier has presented insufficient 
evidence to rebut its liability.

DECISION

American Van Services, Inc., requests reconsideration of Settlement 
Certificate,
Z-2862118(46), September 21, 1995, which denied its claim for a refund 
of $139.89.  This amount was set off by the Air Force to recover 
damages to a service member's household goods.  We affirm the 
settlement.

American disputes its liability for two damaged items, a microwave 
oven and a lead crystal vase.  In particular, American argues that the 
third facet of a prima facie case, establishing the amount of damage, 
has not been met.  

To establish a prima facie case of carrier liability for loss of 
household goods, a shipper must show tender to the carrier, failure to 
deliver, and the amount of damages.  See, Missouri Pacific Railroad 
Co., Inc. v. Elmore & Stahl, 377 U.S. 134 (1964).  When prima facie 
liability has been established, the burden of proof shifts to the 
carrier to rebut its liability.  In the present situation, a prima 
facie case of carrier liability has been established in our view, and 
the carrier has not presented sufficient evidence to rebut its 
liability.

American questions how our Office determined that a box labeled 
housewares included the microwave oven.  Additionally, American 
questions how we determined that the replacement microwave oven, a 
Sharp model R300A, is the equivalent of the tendered model, a Sharp 
model R2A52B, and that the purchase date of the microwave oven was 
1992, not 1987, as established via the shipper acquired Sears 
estimate.  Relying on the 1987 date, American requests depreciation be 
taken into consideration.  Concerning the crystal vase, American 
questions how our Office determined that a chip of non-described 
magnitude made the vase non-repairable.  American seeks to settle on 
half of the replacement price for the vase, claiming repair of the 
vase should have been made.  

The Air Force determined that the label "housewares" logically would 
include a microwave oven.  Such description is reasonable in our 
opinion.  The record before us indicates that the exact model 
microwave was unavailable in the locale and was therefore replaced 
with another model from the same manufacturer which was of like kind 
and quality.  American offers no evidence to the contrary to refute 
the Air Force determination.  In addition, the record shows that the 
Air Force verified the purchase date of the microwave oven to be 
within 6 months of the date of the item's delivery.  The 1987 document 
American refers to was a repair estimate indicating the date of 
manufacture, not the date of purchase.  The Air Force concluded that 
American was not entitled to depreciation under the circumstances.  We 
agree with this conclusion.  

Regarding the vase, the portion of the Air Force report describing the 
intrinsic value of such an item, and concluding that repairing the 
item would not restore its value, is reasonable in our opinion.  
American did not inspect the vase, and has offered no evidence to the 
contrary.  The Air Force upheld the shipper's estimate of replacement 
of the damaged crystal vase, stating that American presented no clear 
and convincing evidence to the contrary.  Our Office will not question 
an agency's calculation of the value of damages to a shipment of 
household goods without clear and convincing evidence from the carrier 
that the agency acted unreasonably.  Ambassador Van Lines, Inc., 
B-249072, Oct. 30, 1992.    

The Settlement Certificate is affirmed.

/s/Lowell Dodge
for Robert P. Murphy
General Counsel
f:\projects\ptld\270379.wp5