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B-202807 1 (1982-03-25)

handle is hein.gao/gaobadkek0001 and id is 1 raw text is: V FILERCf- 20?801 DATE: March 25, 1982 MATTF.lIC DIGEST: IF: Doyle J. elauder 1. An employee ..f the United States Forest Service has requested reconsideration of the settlement action by our Claims Group susta.Ining a determination by the agency that he is liable to the Government for $250 for damages to a Governent-leased truck caused by his negligence. lihe employee contended to our Claims Group that Jmproper notice had been 9iven as to the terency of the truck in his care to jump from park into reverse. The record shows that a memorandum dated Jazuary 29, 1979, was circulated in the em- ployee's district prior to the accident and it called attention to ar earlier bulletin which described the actions L o take to avoii accidental Oamage because of the gear sJippage .enduncy of ckrtaln Ford vehicles, includbn9 the (lumntgecl truck. 'ihus, it was the em- ployee's negligent failure to take the prescribed precautions in parking such a vehicle that consti- tuted the proximatu cause of tha accident. In any case, we cannot agree that an ordinarily prudent per- son would leave a vehicle unattendcd with its motor running. 2. An employee of the United States Forest Service has requested reconsideration of the settlement action by our Claims Group sustaining a determination by the agency that he is liable to the Government for $250 for damages to a Covernmnt-leased truck caused by his nejligeiic&. The employee contended that the agency reled on Irrelevant evidence of a prior acci.- dent which prejudiced its decision to hold him liable. Beyond the account: of a telephone conversation be- tween the employee's attorney and an agency official, no independent evidence has Lboon offered that the em- ploycoc' prior accident 1s the primary reacon for the a.iency finding of liability. Regardless of the merits of considering any prior nogliqence on the employee's part, it is clear from Ue record that the major con- siderntion in finding him financially responsible for the damnge was. the gency's firVd n9 of nejdigence. T i!s is in resronrre to it requtst for reconsideration of settle- ment acticn )y the Cla,,r Group of the Accounting and Financial Ianageurmln ivision (AFI,'D) of this Office sustaining a determination T1113 U II\PTr4IL.LIiNH QLNYBRAI- 0 F THU1!3 UNIT3I) UTAT'rE 2VA-IIN 2TON 0.., 2054Q . . . .. . i

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