B-157787, NOV. 24, 1965

B-157787, NOV. 24, 1965

TO MR. AND MRS. DONALD E. DUNHAM, SR.:

REFERENCE IS MADE TO OUR LETTER OF OCTOBER 13, 1965, B-157787, AND TO THE LETTER DATED NOVEMBER 8, 1965, SIGNED BY MR. DUNHAM, RELATIVE TO THE CLAIM AGAINST THE GOVERNMENT ARISING OUT OF A COLLISION ON JULY 2, 1965, INVOLVING THE AUTOMOBILE OF MR. PAUL BYRD STEAGALL, AN EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE.

THE INFORMATION REQUESTED FROM MR. BURT PETERSON OF THE MICHIGAN CLAIMS SERVICE HAS BEEN RECEIVED. AN EXAMINATION OF THE EVIDENCE OF RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $366.96, CONSISTING OF $332.93 (THE LOWER OF THE TWO ESTIMATES SUBMITTED BY YOU) PLUS $7.50 FOR A WHEEL AND $26.53 FOR A TIRE, WHICH YOU INDICATE WERE RUINED BUT ARE NOT INCLUDED IN THE ESTIMATE. A CHECK IN THAT AMOUNT WILL BE ISSUED AND MAILED TO YOU SHORTLY. ALTHOUGH ONLY MR. DUNHAM SIGNED THE CLAIM, BETTIE J. DUNHAM IS LISTED AS THE OWNER OF THE DAMAGED AUTOMOBILE. HENCE THE CHECK WILL BE DRAWN JOINTLY IN BOTH YOUR NAMES.

YOU ARE ADVISED THAT 28 U.S.C. 2672, WHICH AUTHORIZES THE SETTLEMENT OF CLAIMS OF THE TYPE HERE INVOLVED, PROVIDES THAT---

"THE ACCEPTANCE BY THE CLAIMANT OF ANY SUCH AWARD, COMPROMISE, OR SETTLEMENT SHALL BE FINAL AND CONCLUSIVE ON THE CLAIMANT, AND SHALL CONSTITUTE A COMPLETE RELEASE OF ANY CLAIM AGAINST THE UNITED STATES AND AGAINST THE EMPLOYEE OF THE GOVERNMENT WHOSE ACT OR OMISSION GAVE RISE TO THE CLAIM, BY REASON OF THE SAME SUBJECT MATTER.'

IN VIEW THEREOF, YOUR ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $366.96 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. STEAGALL FROM ANY FURTHER LIABILITY FOR DAMAGES ARISING FROM THE ACCIDENT HERE INVOLVED.