B-175187, MAY 11, 1972

B-175187: May 11, 1972

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GENERAL GOVERNMENT MATTERS - GOVERNMENT AUTOMOBILE LIABILITY DECISION ALLOWING THE CLAIM OF LEROY PORTER FOR REPAIR OF HIS AUTOMOBILE AFTER IT WAS INVOLVED IN AN ACCIDENT WITH A GOVERNMENT AUTOMOBILE DRIVEN BY HERBERT T. ACCEPTANCE OF THE ENCLOSED CHECK WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. FOSTER: REFERENCE IS MADE TO YOUR LETTER OF APRIL 7. SINCE YOU HAVE NOW PRESENTED EVIDENCE OF YOUR AUTHORITY TO ACT AS THE AGENT FOR MR. PORTER IS ENTITLED TO THE AMOUNT OF $144.08. A CHECK IN THAT AMOUNT WILL BE ISSUED TO YOU AND MR. PORTER AND WILL BE MAILED TO YOU SHORTLY. YOU ARE ADVISED THAT SECTION 2672 OF TITLE 28. ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $144.08 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR.

B-175187, MAY 11, 1972

GENERAL GOVERNMENT MATTERS - GOVERNMENT AUTOMOBILE LIABILITY DECISION ALLOWING THE CLAIM OF LEROY PORTER FOR REPAIR OF HIS AUTOMOBILE AFTER IT WAS INVOLVED IN AN ACCIDENT WITH A GOVERNMENT AUTOMOBILE DRIVEN BY HERBERT T. MANLEY, JR., A GAO EMPLOYEE. UNDER THE PROVISIONS OF 28 U.S.C. 2672, ACCEPTANCE OF THE ENCLOSED CHECK WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. MANLEY FROM ANY FURTHER LIABILITY TO THE DRIVER OR OWNER FOR DAMAGES ARISING FROM THE ACCIDENT HERE INVOLVED.

TO MR. HARRY L. FOSTER:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 7, 1972, WITH ENCLOSURE, AND PRIOR CORRESPONDENCE CONCERNING THE AUTOMOBILE ACCIDENT ON JANUARY 3, 1972, IN HARRISBURG, PENNSYLVANIA, INVOLVING YOU AS DRIVER OF AN AUTOMOBILE OWNED BY MR. LEROY PORTER AND A GOVERNMENT AUTOMOBILE DRIVEN BY MR. HERBERT T. MANLEY, JR., AN EMPLOYEE OF OUR OFFICE. SINCE YOU HAVE NOW PRESENTED EVIDENCE OF YOUR AUTHORITY TO ACT AS THE AGENT FOR MR. LEROY PORTER IN THIS MATTER, THE CLAIM MAY NOW BE SETTLED.

AN EXAMINATION OF THE EVIDENCE OF RECORD HEREIN INDICATES THAT MR. PORTER IS ENTITLED TO THE AMOUNT OF $144.08, THE LESSER OF THE TWO REPAIR ESTIMATES SUBMITTED. A CHECK IN THAT AMOUNT WILL BE ISSUED TO YOU AND MR. PORTER 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 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, ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $144.08 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. MANLEY FROM ANY FURTHER LIABILITY TO YOU OR TO MR. PORTER FOR DAMAGES ARISING FROM THE ACCIDENT HERE INVOLVED.

WE REGRET THE DELAY IN THIS MATTER ABOUT WHICH YOU COMPLAINED. HOWEVER, IT SHOULD BE NOTED THAT THE GOVERNMENT CAN TAKE NO ACTION IN CASES OF THIS NATURE UNLESS AND UNTIL A CLAIM IS FILED BY THE PROPER PARTY. THE FIRST CLAIM RECEIVED HERE IN THIS CASE WAS YOUR LETTER OF FEBRUARY 28, 1972 (ALTHOUGH IT APPEARS THEREFROM THAT YOU HAD PREVIOUSLY CONTACTED OUR PHILADELPHIA OFFICE), WHICH HAD BEEN SENT TO OUR PHILADELPHIA OFFICE AND WAS RECEIVED HERE ON MARCH 3, 1972, THUS ACCOUNTING FOR MOST OF THE DELAY.