The Honorable AMBROSE J. KENNEDY, FEDERAL WORKS AGENCY, House of Representatives. MY DEAR MR. KENNEDY: Your records will disclose your communication of March 5, 1940, and my acknowledgment of March 6, 1940, concerning H. R. 8145, a bill for the relief of A. M. Garmon. The Administration's report is as follows: The bill proposes to appropriate the sum of $2,500 to A. M. Garmon "in full settlement of all claims against the United States on account of personal injuries suffered and sustained by him as the result of the carelessness and negligence of a driver of a truck of the Work Projects Administration while engaged within the scope of his duties and in his said employment as follows: At about 4:15 postmeridian on the 13th day of February 1939, on Madison Pike, in Kenton County, Ky., the said driver of the Work Projects Administration truck operated same in such careless and negligent manner that it was caused to and did collide with a truck driven by the said Garmon whereby the said Garmon received severe painful and permanent injuries to his damage in the sum of $2,500." It appears that, on February 13, 1939, one Leslie B. Loud, an employee of the Works Progress Administration, was operating a Government-owned truck within the scope of his employment in a northerly direction on the 3-L Highway, Kenton County, near Covington, Ky.; that Adam M. Garmon was driving his truck in a southerly direction on the same highway; that Leslie B. Loud was operating the truck at an excessive speed, on the west, or wrong, side of the road; that Adam Garmon drove off the side of the road to avoid being struck; and that the truck operated by Leslie B. Loud struck and damaged, Mr. Garmon's vehicle, resulting in injuries to both drivers. Claimant incurred medical, hospital, and X-ray expenses in the amount of $241.75, and a letter of June 12, 1939, over the signature of the personnel director of the Newport Rolling Mill Co., Inc., Newport, Ky., discloses that Mr. Garmon's loss of earnings totaled $268.80. Dr. Frank A. Daugherty, Independence, Ky., in a statement of June 8, 1939, reports that he first saw Mr. Garmon on February 14, 1939, the day following the accident, and that his injuries consisted of a concussion of the brain, broken right fibula, sprained right ankle, sprained left wrist, and numerous cuts and bruises about the body. Dr. Daugherty also states that Mr. Garmon's permanent disability is confined to a partially stiff right ankle. The report of Dr. Ed. Northcutt, Covington, Ky., dated February 25, 1939, indicates "X-ray examination of right ankle shows a chip fracture of lower and right fibula. X-ray examination of left wrist shows no fracture." Mr. Garmon presented a claim in the sum of $100 for damage to his truck to this Administration for consideration under section 20 of the Emergency Relief Appropriation Act of 1938 (52 Stat. 809). The Administration determined that the evidence established that the accident was caused by the negligence of the Works Progress Administration employee, while acting within the scope of his employment, and allowed the claim in the full amount of $100. In view of the above facts, which establish that the personal injuries sustained by Mr. Garmon were caused by the negligence of a Works Progress Administration employee, while acting within the scope of his employment, this Administration recommends enactment of the proposed legislation in such sum as the Congress may deem appropriate. The State Work Projects Administration for Kentucky has been requested to forward a report as to the present physical condition of claimant. Upon receipt of this information, this Administration will communicate promptly with your committee. Since the proper name of the Administration at the time of the accident was "Works Progress Administration," it is suggested that your committee delete the words "Work Projects" in line 9 of page 1, and the same words in lines 2 and 3 of page 2, and insert in lieu thereof the words "Works Progress". The file of the Administration discloses that Adam M. Garmon lived in Independence, Ky., at the time of the accident. Your committee may desire to insert this address in line 5 of the bill, and to insert the full Christian name of the claimant. There are enclosed herewith photostatic copies of pertinent papers from the files of this Administration. Sincerely yours, CORRINGTON Gill, Assistant Commissioner. To the Committee on Claims: COURT OF CLAIMS, UNITED STATES OF AMERICA AFFIDAVIT A. M. Garmon, affiant and petitioner, v. The United States of America Affiant and petitioner, A. M. Garmon, being duly sworn, deposes and says that on the 13th day of February 1939, about 4:15 p. m., he was driving his automobile truck southwardly on the Madison Pike in Kenton County, Ky.; that as he approached Morris Quick's property, just beyond the place known as Chisel Bridge, he saw a truck approaching him, zig-zagging from one side of the road to the other; affiant states that he drove his truck entirely off the concrete highway to try to avoid a collision; that the truck approaching from the opposite direction ran over to the wrong side of the road and hit this affiant's truck. Affiant states that he was injured as follows: Brain concussion, broken right fibula, sprained right ankle, sprained left wrist, numerous cuts and bruises about the body. Affiant states that by reason of his injuries he was compelled to pay for a physician and medicines the sum of $218. A copy of the physician's statement and bill is attached hereto. Affiant further states that he lost the sum of $268 as wages. A statement is attached hereto. Affiant states that he owes the sum of $20 for X-rays. Bill attached hereto. Affiant further states that he owes the sum of $8.75 for hospital expenses. Affiant states that the truck which hit him was a Works Progress Administration truck being operated by a Works Progress Administration employee. Affiant states that his injuries are permanent and that it was impossible for him to avoid the accident as he could not drive his truck any farther off the road. Wherefore affiant and petitioner, A. M. Garmon, prays that he be awarded the sum of $2,500 for his injuries, pay, suffering, and expenses. ADAM M. GARMON. Subscribed and sworn to by A. M. Garmon before me this day of November HARRY AURANDT, Notary Public, Kenton County, Ky. 1939. My commission expires January 13, 1943. AFFIDAVIT COUNTY OF KENTON, Commonwealth of Kentucky, sct: Affiant A. M. Gorman being duly sworn states that he was injured February 13, 1939, by being hit by a Works Progress Administration truck being operated by a Works Progress Administration worker and that he was unable to return to his employment until the 26th day of April 1939. Affiant states that he had no money saved and that he was the sole support for his family; that he was renting the property in which he lived and was unable to pay the rent, that he incurred bills for necessities which he has been unable to pay; that he has been unable to pay the physician's bill and that his creditors are pressing him for payment of these charges. Affiant states that he has been unable to pay these accounts out of the wages he has been earning and that he is informed and verily believes that he will not be able to work full time at his employment because of present economic conditions. Affiant states that after he was certified to return to work he was only working 3 and 4 days a week and was unable to pay on account of the debts he had contracted because of the accident and injuries he sustained. Affiant further states that his ability to work at his job has been partially impaired because of his injuries. A. M. GARMON. Subscribed and sworn to by A. M. Garmon before me this 28th day of February 1940. [SEAL] My commission expires January 13, 1943. HARRY AURANDT, Notary Public, Kenton County, Ky. To Whom It May Concern: INDEPENDENCE, KY., November 16, 1939. This is to certify that I was called to St. Elizabeth Hospital to see Mr. A. M. Garmon of Fowler Creek Road, Kenton County, Ky., for injuries sustained by him February 13, 1939, when hit by a Works Progress Administration truck. I saw him February 14, 1939. I found Mr. Garmon suffering from a brain concussion, broken right fibula, sprained right ankle, sprained left wrist, numerous cuts and bruises about the body. I had him removed to his home February 14, 1939, so I could be close to him. Feb. 14, 1939, saw at St. Elizabeth Hospital, complete examination____ I used light (infrared no extra charge). I used $3 worth of gauze, alcohol, Merthiolate. I used $2 for adhesive tape on ankle. I used $3 sedatives and painodynes.. Total.... I am very truly yours. $15.00 70.00 100. 00 25. 00 8. 00 218. 00 FRANK A. DAUGHERTY, M. D. P. S. Mr. Garmon has an enlarged partially stiff right ankle, which is permanent. To Whom It May Concern: JUNE 12, 1939. This is to advise that Adam Martin Garmon, an employee of the Newport Rolling Mill Co., after finishing work on Monday, February 13, 1939, met with an accident on his way home from work, his disability starting on Tuesday, February 14, 1939. He was pronounced cured and able to return to work by both his and our doctors, namely, Dr. F. A. Daugherty and Dr. O. W. Frickman, on Friday, April 21, 1939. For the above period Mr. Garmon lost a total of 384 hours, at 70 cents an hour, or $268.80. I certify that the foregoing statements are true and correct. L. G. KYE, Personnel Director, The Newport Rolling Mill Co. COVINGTON, KY., October 23, 1939. For Mr. A. M. Garmon, care of Mr. Harry Aurandt, attorney, to Drs. Northcutt, X-ray examination right foot, $10; X-ray examination, left forearm, $10; balance $20. ST. ELIZABETH HOSPITAL, COVINGTON, KY. Adam Gorman. Hospital services from Feb. 13 to Feb. 14, at $2.50 a day Laboratory fee, routine $1....... Medication, surgical dressings, $0.25.. First-aid treatment, $5.. Total..... FEBRUARY 14, 1939. $2.50 1. 00 . 25 5. 00 8.75 Bills payable on presentation. Received payment, by check, Feb. 14, 1939, St. Elizabeth Hospital, by A. S. To Whom It May Concern: INDEPENDENCE, KY., May 2, 1940. In regard to Mr. A. M. Gorman's right ankle, (1) which was injured in an automobile wreck February 13, 1939. The ankle is still slightly stiff, although he can walk and work on it all right, but it gets tired much sooner than the other ankle. The ankle aches after working all day, this being much worse in damp weather. This condition will in all probability be present always. It hurts almost all the time. The motion is better than 6 months ago. (2) He has a slight limp. He is unable to fill a job that would require his being on his feet all day. His present job he can do sitting. (3) Mr. Gorman states the ankle causes continuous pain. He often gets up at night, he states, on account of the pain. I am, very truly, FRANK A. DAUGHERTY, M. D O MR. AND MRS. GEORGE H. KERLEY MARCH 27, 1941.-Committed to the Committee of the Whole House and ordered to be printed Mr. PITTENGER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 2710] The Committee on Claims, to whom was referred the bill (H. R. 2710) for the relief of Mr. and Mrs. George H. Kerley, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass. The amendments are as follows: Page 1, lines 5, 6, 7, and 8, after the word "appropriated" in line 5, strike out all the language down to and including the word "sustained" in line 8, and insert in lieu thereof: the sum of $750 to George H. Kerley, and to Mrs. George H. Kerley, the sum of $4,000, in full settlement of all claims against the United States for expenses incurred, and personal injuries sustained on July 29, 1938, in Kinzel Springs, Tennessee, Amend the title to read: A bill for the relief of Mr. and Mrs. George H. Kerley. The purpose of the proposed legislation is to pay the sum of $750 to Mr. George H. Kerley, and the sum of $4,000 to Mrs. George H. Kerley, in full settlement of their claims against the United States for expenses incurred and personal injuries sustained on July 29, 1938, in Kinzel Springs, Tenn., as the result of a collision with a Civilian Conservation Corps truck. STATEMENT OF FACTS On July 29, 1938, at about 7 p. m., a Civilian Conservation Corps truck, on official business, was proceeding in a northwesterly direction around a sharp curve on State Highway No. 73, near Kinzel Springs, Tenn.; that on attempting to pass a stalled truck, the Government driver crossed to the left of the center of the road or onto Mr. Kerley's side thereof, and at about this time Mr. Kerley's truck approached |