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B-190429 1 (1978-11-14)

handle is hein.gao/gaobadgng0001 and id is 1 raw text is: DECISION /. I THE COMPTlLBGE BTA OF THEI UNITED 8TATEB WAS6H I N (TON.I D.C. P.0t 40 K<-t1 13-190429 DATE: November i4, MATTER O DIGEST:: )F: Vaillancourt v. UnitedStates--Pay nent of a so u Ihteeston Judgmnent 1. Wrongful death judgment agdinst United States for $373, 431, apportioned equally by court among four heirs, is subject to interest limitations in 31 U. S. C. § 724a (applied as it existed at time of judgment, prior to 1977 amendment), since each judgment beneficiary received severable and distinct amount less than $100, 000. 2. Since a purpose of first proviso of 31 U. S. C. S 724a was to provide compensation to a successful plaintiff whose judgment payment was delayed solely because the United States appealed and lost, interest may be allowed on a wrongful death judgment against the United States where the Government filed notice of appeal and appeal was subsequently dismissed by stipulation of the parties because the Government did not pursue its appeal. B-145389 April 18. 1961, is overruled. The plaintiff in Vaillancourt v. United States, Jbnited States District Court, Northern District of California, has requested reconsideration of the settlement action of our Claims Division, dated July 19, 1977, which disallowed interest on the judgment awarded to her. The original suit was a wrongful death action brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §51346(b), 2671-2680. The Plaintiff, Mary T. Vaillancourt, siing individually and as guardian ad litem for her three children, alleged negligence on the part of the Palo Alto Veterans Administration Hospital resulting in the death of her husband, Roger F. Vaillancourt, a patient at the hospital. On September 30,,,1976, the Court entered judgment for the plaintiffs in the amount of $373,431. The California wrongful death law requires a lump-sum judgment. California Code of Civil Procedure § 377; Cross v. Pacific Gas and Electric Co., 60 Cal. 2d 690, 388 P. 2dF 964), Calfornia law also requiresthat the award be apportioned among the vaiious heirs in accordance wih their separate interests. The Coirt's Mehorandum and Order accompanying the judgment apportioned the award as follows: Mary T., wife, 25%; Gail A., daught.r, 25%; Joan Marie, daughter, 25%; and Mario Cecile, daughter, 25%, Thus, the amount payable to each was $93, 357. 75. I FILE: 1978 C I I i IR

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