B-204348 L/M, SEP 3, 1981, OFFICE OF GENERAL COUNSEL

B-204348 L/M: Sep 3, 1981

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

CLAIM BY OWNER OF PARKED VEHICLE FOR PROPERTY DAMAGE IS ALLOWED UNDER THE FEDERAL TORT CLAIMS ACT. AMOUNT ALLOWED IS THE LESSER OF TWO REPAIR ESTIMATES SUBMITTED. ECKMAN: THIS IS IN RESPONSE TO YOUR CLAIM FOR PROPERTY DAMAGE RESULTING FROM AN ACCIDENT ON JULY 9. YOUR VEHICLE WAS PARKED ACROSS FROM THIS CORNER. MILLER DID NOT HAVE ENOUGH CLEARANCE AND SCRAPED THE LEFT FRONT DOOR AND FENDER OF YOUR VEHICLE. YOU ARE CLAIMING THE AMOUNT OF THESE REPAIRS. OUR EXAMINATION OF THE EVIDENCE ON RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $335.87. A CHECK IN THIS AMOUNT 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 $335.87 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR.

B-204348 L/M, SEP 3, 1981, OFFICE OF GENERAL COUNSEL

DIGEST: GAO EMPLOYEE, WHILE DRIVING ON OFFICIAL BUSINESS IN WASHINGTON, D. C., MADE U-TURN WITHOUT SUFFICIENT CLEARANCE AND STRUCK PARKED VEHICLE. CLAIM BY OWNER OF PARKED VEHICLE FOR PROPERTY DAMAGE IS ALLOWED UNDER THE FEDERAL TORT CLAIMS ACT. AMOUNT ALLOWED IS THE LESSER OF TWO REPAIR ESTIMATES SUBMITTED.

MR. RONALD D. ECKMAN:

THIS IS IN RESPONSE TO YOUR CLAIM FOR PROPERTY DAMAGE RESULTING FROM AN ACCIDENT ON JULY 9, 1981, IN WASHINGTON, D. C., INVOLVING MR. JOHN B. MILLER, AN EMPLOYEE OF THE UNITED STATES GENERAL ACCOUNTING OFFICE.

THE RECORD BEFORE OUR OFFICE SHOWS THAT MR. MILLER, WHILE DRIVING A GOVERNMENT-OWNED AUTOMOBILE ON K STREET, MADE A "U TURN" AT THE INTERSECTION OF CECIL PLACE. YOUR VEHICLE WAS PARKED ACROSS FROM THIS CORNER. IN MAKING THE TURN, MR. MILLER DID NOT HAVE ENOUGH CLEARANCE AND SCRAPED THE LEFT FRONT DOOR AND FENDER OF YOUR VEHICLE, TAKING OFF THE CHROME STRIP AND SLIGHTLY DENTING THE DOOR AND FENDER. YOU ARE CLAIMING THE AMOUNT OF THESE REPAIRS.

OUR EXAMINATION OF THE EVIDENCE ON RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $335.87, THE LESSER OF THE TWO ESTIMATES YOU SUBMITTED. A CHECK IN THIS AMOUNT 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 $335.87 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. JOHN B. MILLER FROM ANY FURTHER LIABILITY TO YOU FOR DAMAGES ARISING FROM THIS ACCIDENT.

ATTACHMENTS

A CLAIM HAS BEEN RECEIVED FROM MR. RONALD D. ECKMAN, 12511 STEM LANE, BOWIE, MARYLAND 20715, FOR DAMAGE TO HIS AUTOMOBILE RESULTING FROM AN ACCIDENT ON JULY 9, 1981, INVOLVING MR. JOHN B. MILLER, AN EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE.

FROM AN EXAMINATION OF THE EVIDENCE PRESENTED, WE BELIEVE THAT MR. ECKMAN IS ENTITLED TO THE AMOUNT OF $335.87. A VOUCHER SHOULD BE PREPARED FOR PAYMENT OF THIS AMOUNT IN THE NAME OF MR. RONALD D. ECKMAN AT THE ABOVE ADDRESS.

COPIES OF OUR LETTER OF TODAY TO MR. ECKMAN AND AN INTERNAL MEMORANDUM SETTING FORTH THE BASIS FOR PAYMENT ARE ATTACHED FOR YOUR INFORMATION AND FILE.

Jan 14, 2021

Jan 13, 2021

Looking for more? Browse all our products here