B-201866 L/M, FEB 25, 1981
Highlights
BROWN: THIS IS IN RESPONSE TO YOUR CLAIM RESULTING FROM AN AUTOMOBILE ACCIDENT ON SEPTEMBER 3. SINCE YOU HAVE PRESENTED EVIDENCE OF YOUR AUTHORITY TO ACT AS THE AGENT FOR MR. THE RECORD BEFORE OUR OFFICE SHOWS THAT YOU WERE TRAVELING SOUTH ON JEFFERSON STREET WHEN THE VEHICLE DRIVEN BY MS. OUR EXAMINATION OF THE EVIDENCE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $734.72. WE HAVE BEEN INFORMALLY ADVISED THAT THE $80 X-RAY CHARGE BY BALDWIN COUNTY HOSPITAL HAS BEEN PAID BY AN INSURER. HENCE THIS AMOUNT IS NOT INCLUDED. A CHECK IN THE AMOUNT OF $734.72 WILL BE ISSUED TO YOU AND MR. RALPH BROWN JOINTLY AND WILL BE MAILED TO YOU SHORTLY. YOU ARE ADVISED THAT SECTION 2672 OF TITLE 28. ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $734.72 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MS.
B-201866 L/M, FEB 25, 1981
OFFICE OF GENERAL COUNSEL
STEPHEN J. BROWN:
THIS IS IN RESPONSE TO YOUR CLAIM RESULTING FROM AN AUTOMOBILE ACCIDENT ON SEPTEMBER 3, 1980, IN MILLEDGEVILLE, GEORGIA, INVOLVING YOU AS DRIVER OF AN AUTOMOBILE OWNED BY MR. RALPH H. BROWN AND A GOVERNMENT OWNED VEHICLE DRIVEN BY MS. CYNTHIA TEDDLETON, AN EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE. SINCE YOU HAVE PRESENTED EVIDENCE OF YOUR AUTHORITY TO ACT AS THE AGENT FOR MR. RALPH BROWN IN THIS MATTER, THE CLAIM MAY NOW BE SETTLED.
THE RECORD BEFORE OUR OFFICE SHOWS THAT YOU WERE TRAVELING SOUTH ON JEFFERSON STREET WHEN THE VEHICLE DRIVEN BY MS. TEDDLETON, TRAVELING WEST ON MCINTOSH, PULLED INTO THE PATH OF YOUR VEHICLE CAUSING YOUR VEHICLE TO STRIKE MS. TEDDLETON'S VEHICLE IN THE RIGHT SIDE. ACCORDING TO MS. TEDDLETON, HER VISION HAD BEEN OBSTRUCTED BY A TREE LIMB, CAUSING HER TO ENTER THE INTERSECTION WITHOUT OBSERVING YOUR VEHICLE.
OUR EXAMINATION OF THE EVIDENCE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $734.72, CONSISTING OF TWO ELEMENTS: $709.72 FOR PROPERTY DAMAGE (THE LESSER OF THE TWO ESTIMATES YOU SUBMITTED) PLUS $25 FOR THE OFFICE VISIT TO DR. WILBUR M. SCOTT. WE HAVE BEEN INFORMALLY ADVISED THAT THE $80 X-RAY CHARGE BY BALDWIN COUNTY HOSPITAL HAS BEEN PAID BY AN INSURER. HENCE THIS AMOUNT IS NOT INCLUDED. A CHECK IN THE AMOUNT OF $734.72 WILL BE ISSUED TO YOU AND MR. RALPH BROWN JOINTLY AND WILL BE MAILED TO YOU SHORTLY.
YOU ARE ADVISED THAT SECTION 2672 OF TITLE 28, U.S.C. WHICH AUTHORIZES THE SETTLEMENT OF CLAIMS OF THIS TYPE, 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."
THEREFORE, ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $734.72 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MS. TEDDLETON FROM ANY FURTHER LIABILITY TO YOU OR TO MR. RALPH BROWN FOR DAMAGES ARISING FROM THIS ACCIDENT.
DIGEST
CLAIM FOR DAMAGE TO AUTOMOBILE IN ACCIDENT WITH GAO EMPLOYEE ALLOWED UNDER FEDERAL TORT CLAIMS ACT WHERE GAO EMPLOYEE ENTERED INTERSECTION WITHOUT OBSERVING CLAIMANT'S VEHICLE AND PULLED INTO THE PATH OF CLAIMANT'S VEHICLE, CAUSING CLAIMANT'S VEHICLE TO STRIKE GOVERNMENT VEHICLE. GAO EMPLOYEE WAS TICKETED FOR FAILURE TO YIELD RIGHT OF WAY. CLAIM FOR PROPERTY DAMAGE IS ALLOWED FOR LESSER OF TWO REPAIR ESTIMATES SUBMITTED, PLUS OFFICE VISIT TO DOCTOR.