Request for Reconsideration of Liability Determination

A Forest Service employee requested reconsideration of a Claims Group action which sustained a Forest Service determination holding him liable for damages to a Government-leased truck. The employee left the truck unattended without putting on the emergency break. Upon returning, the employee observed the truck drift backwards and strike a pole resulting in damage to the bumper and tailgate. He discovered that the gears had jumped from park to reverse. The employee contended that improper notice had been given as to the tendency of the vehicle to jump from park into reverse. Evidence was produced which showed that a memorandum was issued several months before the accident which pointed out the potential problem of the reverse gear. Therefore, GAO found that the employee's failure to take the prescribed precautions in parking such a vehicle constituted negligence. It was also contended that the Forest Service relied on irrelevant evidence of a prior vehicle accident involving the employee which prejudiced the decision to hold him liable. GAO found that the prior accident was mentioned briefly in the Forest Service report to GAO by stating that the accident was in some respects a repeat of an earlier accident. However, it was clear from the Forest Service decision that the finding of negligence was the major consideration in holding the employee financially responsible. Accordingly, GAO sustained the Claims Group's prior action.