B-141817, JAN. 29, 1960

B-141817: Jan 29, 1960

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YOUR CLAIM IS APPARENTLY PREMISED UPON THE DESTRUCTION OR LOSS OF CERTAIN OF YOUR PERSONAL PROPERTY. A GOVERNMENT VEHICLE THAT YOU WERE DRIVING WAS INVOLVED IN AN ACCIDENT WITH A COMMERCIAL MOTOR CARRIER NEAR BEAR. AS A RESULT OF THE ACCIDENT YOU WERE HOSPITALIZED AND WHILE IN THE HOSPITAL PERSONAL PROPERTY BELONGING TO YOU WAS DESTROYED OR TAKEN FROM ITS PLACE OF STORAGE AT A PUBLIC GARAGE. IT WOULD APPEAR THAT THE GOVERNMENT IS IN NO WAY RESPONSIBLE FOR THE DAMAGE CLAIMED. ANY RIGHT OF ACTION THAT YOU MIGHT HAVE WOULD BE AGAINST THE COMMON CARRIER OR ITS DRIVER WHOSE NEGLIGENCE CAUSED THE ACCIDENT. DOES NOT PROVIDE FUNDS FOR REIMBURSEMENT TO EMPLOYEES OF THE CIVIL AERONAUTICS ADMINISTRATION WHO HAVE HAD PERSONAL PROPERTY LOST.

B-141817, JAN. 29, 1960

TO MR. KNUD HERSKIND:

ON JANUARY 7, 1960, YOU WROTE TO THE GENERAL ACCOUNTING OFFICE APPEALING OUR SETTLEMENT OF APRIL 10, 1958, WHICH DISALLOWED YOUR CLAIM FOR AN UNSTATED AMOUNT. YOUR CLAIM IS APPARENTLY PREMISED UPON THE DESTRUCTION OR LOSS OF CERTAIN OF YOUR PERSONAL PROPERTY.

YOU REPORT THAT WHILE ON OFFICIAL DUTY ON FEBRUARY 11, 1957, AS AN INSPECTOR FOR THE CIVIL AERONAUTICS ADMINISTRATION, A GOVERNMENT VEHICLE THAT YOU WERE DRIVING WAS INVOLVED IN AN ACCIDENT WITH A COMMERCIAL MOTOR CARRIER NEAR BEAR, DELAWARE. AS A RESULT OF THE ACCIDENT YOU WERE HOSPITALIZED AND WHILE IN THE HOSPITAL PERSONAL PROPERTY BELONGING TO YOU WAS DESTROYED OR TAKEN FROM ITS PLACE OF STORAGE AT A PUBLIC GARAGE. YOU CLAIM REIMBURSEMENT FROM THE GOVERNMENT FOR THE LOSS OR DESTRUCTION OF YOUR PROPERTY.

ON THE BASIS OF THE FACTS REPORTED, IT WOULD APPEAR THAT THE GOVERNMENT IS IN NO WAY RESPONSIBLE FOR THE DAMAGE CLAIMED, AND ANY RIGHT OF ACTION THAT YOU MIGHT HAVE WOULD BE AGAINST THE COMMON CARRIER OR ITS DRIVER WHOSE NEGLIGENCE CAUSED THE ACCIDENT. MOREOVER, THE APPROPRIATION FOR THE CIVIL AERONAUTICS ADMINISTRATION FOR FISCAL YEAR 1957, CONTAINED IN THE DEPARTMENT OF COMMERCE AND RELATED AGENCIES APPROPRIATION ACT, 1957, 70 STAT. 314, 315, DOES NOT PROVIDE FUNDS FOR REIMBURSEMENT TO EMPLOYEES OF THE CIVIL AERONAUTICS ADMINISTRATION WHO HAVE HAD PERSONAL PROPERTY LOST, DAMAGED OR DESTROYED WHILE ENGAGED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. ALSO, NO OTHER PROVISION OF LAW AUTHORIZING SUCH REIMBURSEMENT HAS COME TO OUR ATTENTION.

ON TWO PREVIOUS OCCASIONS WE HAVE CONSIDERED CLAIMS ARISING FROM SITUATIONS SIMILAR TO THAT REPORTED BY YOU AND IN EACH INSTANCE WE HAVE REFUSED PAYMENT OF THE AMOUNTS CLAIMED. SEE ENCLOSED COPIES OF A 5903, NOVEMBER 12, 1924, 4 COMP. GEN. 441 AND B-113690, FEBRUARY 20, 1953, 32 COMP. GEN. 369. THE PRINCIPLE ENUNCIATED IN THOSE DECISIONS APPEARS TO BE EQUALLY APPLICABLE TO YOUR CASE.

ACCORDINGLY, THE SETTLEMENT OF APRIL 10, 1958, IS SUSTAINED AS YOUR CLAIM WAS PROPERLY DISALLOWED.