B-168662, JUN. 19, 1970

B-168662, JUN. 19, 1970

TO DAVID J. YOUNG:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 29 AND MAY 11, 1970, AND PREVIOUS CORRESPONDENCE, CONCERNING THE CLAIM OF YOUR CLIENT, MR. WALTER R. JOHNSON, FOR DAMAGES ARISING FROM AN AUTOMOBILE ACCIDENT AT THE INTERSECTION OF KENWOOD ROAD AND EUCLID STREET IN CINCINNATI, OHIO, ON SEPTEMBER 2, 1969, INVOLVING MR. JAMES B. DAWSON, AN EMPLOYEE OF THE UNITED STATES GENERAL ACCOUNTING OFFICE.

AN EXAMINATION OF THE EVIDENCE OF RECORD IN THIS CASE INDICATES THAT YOUR CLIENT IS ENTITLED TO THE AMOUNT OF $2,044.52, CONSISTING OF $100 FOR DAMAGES TO YOUR CLIENT'S AUTOMOBILE; MEDICAL EXPENSES OF $127; LOSS OF WAGES BY YOUR CLIENT IN THE AMOUNT OF $317.52; AND $1,500 FOR PAIN AND SUFFERING DUE TO BODILY INJURY, AS CLAIMED BY MR. JOHNSON. A CHECK IN THAT AMOUNT WILL BE ISSUED AND MAILED TO YOU FOR YOUR CLIENT 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, YOUR CLIENT'S ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $2,044.52 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. DAWSON FROM ANY FURTHER LIABILITY TO HIM FOR DAMAGES ARISING FROM THE ACCIDENT HERE INVOLVED.

THE SELF-ADDRESSED STAMPED ENVELOPES TRANSMITTED WITH YOUR LETTERS OF MAY 11 AND APRIL 27, 1970, ARE RETURNED HEREWITH.