B-195338, SEP 10, 1979

B-195338: Sep 10, 1979

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SMITH: THIS IS IN RESPONSE TO YOUR CLAIM FOR PROPERTY DAMAGE RESULTING FROM AN ACCIDENT ON MAY 9. WAS DISTRACTED BY A BIRD FLYING WITHIN INCHES OF HIS WINDSHIELD. THE AMOUNT OF REPAIRS IS BEING CLAIMED. OUR EXAMINATION OF THE EVIDENCE ON RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $727.20. A CHECK IN THE TOTAL AMOUNT OF $747.15 WILL BE ISSUED AND MAILED TO YOU SHORTLY. YOU ARE ADVISED THAT SECTION 2672 OF TITLE 28. ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $747.15 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR.

B-195338, SEP 10, 1979

UNITED STATES GENERAL ACCOUNTING OFFICE

LEE W. SMITH:

THIS IS IN RESPONSE TO YOUR CLAIM FOR PROPERTY DAMAGE RESULTING FROM AN ACCIDENT ON MAY 9, 1979, IN MT. PROSPECT, ILLINOIS, INVOLVING MR. JOSEPH PIOMBINO, AN EMPLOYEE OF THE UNITED STATES GENERAL ACCOUNTING OFFICE.

THE RECORD BEFORE OUR OFFICE SHOWS THAT MR. PIOMBINO, WHILE DRIVING HIS AUTOMOBILE IN THE VICINITY OF THE INTERSECTION OF ASH DRIVE AND CYPRESS DRIVE, WAS DISTRACTED BY A BIRD FLYING WITHIN INCHES OF HIS WINDSHIELD, CAUSING HIM TO STRIKE AND DAMAGE THE LEFT SIDE AND DOOR OF YOUR VEHICLE. THE AMOUNT OF REPAIRS IS BEING CLAIMED.

OUR EXAMINATION OF THE EVIDENCE ON RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $727.20, THE LESSER OF THE TWO ESTIMATES SUBMITTED IN THE ORIGINAL CLAIM, PLUS THE SUM OF $19.95 REQUESTED IN AN AMENDED CLAIM SUBSTANTIATED BY A RECEIPTED BILL FOR WORK PERFORMED AS A RESULT OF THE ACCIDENT. A CHECK IN THE TOTAL AMOUNT OF $747.15 WILL BE ISSUED AND 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:

"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 $747.15 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. JOSEPH PIOMBINO FROM ANY FURTHER LIABILITY TO YOU FOR DAMAGES ARISING FROM THIS ACCIDENT.