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by the said Mary Camastro, when she was struck by an Army truck on April 4, 1936, about 1 p. m., at the northwest corner of Northern Boulevard and One Hundred and Third Street, Corona, Queens County, N. Y.

STATEMENT OF FACTS

At about 1 p. m., on April 4, 1936, a convoy of approximately 125 Army trucks, on official business, was proceeding in a westerly direction on Northern Boulevard, en route to New York City. The convoy was under New York police escort and was traveling at an estimated speed of 22 to 25 miles per hour. The particular truck involved in this accident was about the seventieth truck in the convoy, and bore the title “62nd C. A., Battery C, W. 451." It is stated by the War Department that this truck was traveling approximately 40 feet in the rear of the truck preceding it. However, it is stated by a disinterested witness whose statement is hereafter appended that this truck was approximately 200 feet, or nearly a block, behind the preceding truck, and it is stated by this witness and another disinterested witness that the truck was traveling at a rate of speed estimated by them to be between 40 and 45 miles per hour.

As the Government vehicle approached the intersection of Northern Boulevard and One Hundred and Third Street, at which intersection no policeman was on duty at the time of the accident, the traffic light turned red for Northern Boulevard and green for One Hundred and Third Street. The convoy, under police escort, had the right-of-way through all traffic lights, and consequently the driver of the Government vehicle did not bring his truck to a stop at the approach to the intersection on the change of the traffic light to red.

At the time the traffic light turned green for One Hundred and Third Street, a bus and a civilian car waiting on the south side of Northern Boulevard and One Hundred and Third Street, apparently assuming that they had the right-ofway, started to cross Northern Boulevard. The bus stopped, but the civilian car, owned by a Mr. Joseph Malley, and driven by his wife, Mrs. Daisy Malley, continued across the intersection at a speed of approximately 10 miles per hour.

Mrs. Malley had nearly completed crossing the intersection when she saw the Army truck bearing down on her. When she saw the vehicle approaching, she turned west (or to her left) in an attempt to avoid being hit. The Government driver applied his brakes and turned to the right in an effort to avoid an accident, but was unable to bring his vehicle to a stop, probably due to the fact he was driving at an excessive rate of speed, or driving with defective brakes, or both. As the truck struck the civilian car it pushed the car some distance into the curb and against a light pole on the northwest corner, where a group of children were standing.

Mary Camastro, then aged 9 years, was one of this group of children, and the child was pinned against the lamppost by the private car. The girl was extricated from the wreckage and taken to a nearby drug store, where unsuccessful attempts were made to revive her. About half an hour after the accident the child was taken to Flushing Hospital and was not discharged therefrom until September 15, 1936, when she was able to walk with the aid of crutches.

The hospital's statement reads in part as follows: "Diagnosis: Fracture of left femur. Lacerations of scalp and face. “Operations: Lacerations on face sutured with seven horsehair sutures and four silkworm sutures. Reduction and cast from hip to ankle, left. Open reduction and insertion bone plate. Skin graft on areas of erosion and infection on heel and on dorsum of leg, each about 2 inches in diameter. Removal of bone plate, left femur."

On June 14, 1939, Dr. Samuel E. Di Figlia, the girl's family physician, submitted a statement, showing the following permanent defects as a result of her injuries:

1. Shortening of left leg of 4 inches, with marked disfigurement of left leg consisting of marked lateral and anterior bowing of left femur.

2. Limitation of motion at knee joint of 50 percent, with consequent loss of free use of left leg.

3. Large, disfiguring operative scars on left thigh, heel, and foot. 4. Mutliple scars of face, forehead, and scalp.

The hospital bill amounted to $803.50, and there were, of course, various other expenses, such as the family physician's fee, drugs, crutches, etc.

It is the opinion of your committee, in view of the heavy expenses undergone in this case, and in view of the fact this child is permanently disfigured and crippled, that the amount of $5,000 should be allowed to compensate her.

The War Department states in part as follows in its report to your committee:

“From the above it appears that Mary Camastro has suffered some personal injuries as a result of the accident, and the War Department will interpose no objection to the enactment of legislation to compensate her guardian for these injuries in such amount as the Congress may deem proper to allow.”

Appended hereto is the report of the War Department. together with other pertinent evidence.

War DEPARTMENT,

Washington, June 12, 1939. Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims,

House of Representatives, Washington, D. C. DEAR MR. KENNEDY: Careful consideration has been given to the bill (H. R. 4801, 76th Cong., Ist sess.) for the relief of Principio Amen, which you transmitted to the War Department under date of May 19, 1939, with request for information and the views of the Department relative thereto.

The purpose of the proposed legislation is to pay to Principio Amen, 101-102 Northern Boulevard, Corona, Long Island, N. Y., the sum of $7,500, in full settlement of claim against the United States on account of permanent injuries received by his infant daughter, Mary Camastro, by a United States Army truck on April 4, 1936, at northwest corner of Northern Boulevard and One Hundred and Third Street, Corona, Queens County, N. Y.

On April 4, 1936, a Government vehicle, on official business, was about the seventieth truck in a convoy of approximately 125 trucks proceeding on Northern Boulevard, en route to New York City, under New York police escort, at a speed of 22 to 25 miles per hour. The Government vehicle was traveling approximately 40 feet in rear of the truck in front of it. As the Government vehicle approached the intersection of Northern Boulevard and One Hundred and Third Street, at which intersection no policeman was on duty at the time of the accident, the traffic light turned red for Northern Boulevard and green for One Hundred and Third Street. The convoy, under police escort, had the right-of-way through all traffic lights, and consequently the driver of the Government vehicle did not bring his truck to a stop at the approach to the intersection on the change of the traffic light to red. At the time the traffic light turned green for One Hundred and Third Street, a bus and a civilian car waiting on the south side of Northern Boulevard and One Hundred and Third Street, apparently assuming that they had the rightof-way, started to cross Northern Boulevard. The bus stopped, but the civilian car, owned by Mr. Joseph Malley and driven by his wife, Mrs. Daisy Malley, continued across the intersection at a speed of approximately 10 miles per hour and attempted to cut through the convoy ahead of the Government vehicle. When she saw the Army truck bearing down on her she turned west in an attempt to avoid being bit. The Government driver, upon observing the civilian car crossing the intersection, applied his brakes and turned to the right in an effort to avoid an accident, but was unable to do so and struck the civilian car, pushing it some distance into the curb and against a light pole on the northwest corner, where a group of children was standing, including Mary Camastro, who was injured.

As a result of this accident Mary Camastro was admitted to the Flushing, Long Island, Hospital and was discharged therefrom on September 15, 1936. Diagnosis: Fracture of the left femur and lacerations of the scalp and face. Operations: Open reduction left femur, with application of metal plate April 18, 1936; removal of plate, September 1, 1936.

A claim in behalf of Mary Camastro was filed with the War Department by her stepfather, Mr. Principio Amen, in an unstated amount on account of personal injuries to his stepdaughter, by reason of this accident.

The Army doctor who examined Mary Camastro on January 31, 1938, reported his findings as follows:

1. Shortening of the left leg 1 inch, with marked pelvic list. 2. Outward bowing deformity of left femur moderate.

3. Atrophy of the left thigh i inch in circumference as measured from 2 inches above the upper end of the fibula.

4. Scars as follows: (a) Operative scar 6 inches in length, lateral surface, upper half left thigh.

(6) Irregular shaped scar over upper fibular head, left, 4 inches by 6 inches in its greatest diameters.

(c) Scar over anterior surface, left lower tibia, about 1 inch in diameter.

(d) Large, deep scar depressed over left heel, with a portion of the subcutaneous tissue missing from the posterior and inferior surface. This area was crusted. (Her mother stated this area had been discharging serous material 1 month previous.)

(e) Scar about 1 inch in length over right mandibular region. ) Scars, two, 1 inch in length, occipital region of scalp. Upon review in the War Department of the proceedings of a board of officers which investigated the claim of Mr. Principio Amen, on behalf of his stepdaughter, Mary Camastro, it was determined that favorable action could not be taken thereon, for the reason that there is no authority of law or appropriation available for the settlement of claims for personal injuries or expenses incident thereto arising out of activities of the Army, except in certain claims arising as a result of the operation of Army aircraft.

Although the convoy of Army trucks in question was under police escort, it appears that the traffic lights at the intersection continued to be operated for normal traffic conditions, which doubtless encouraged the driver of the civilian vehicle involved to enter the intersection and largely contributed to the collision following which Mary Camastro was injured. On the other hand, the injuries sustained by Mary Camastro were not due to any fault or negligence on her part.

From the above it appears that Mary Camastro has suffered some personal injuries as a result of the accident, and the War Department will interpose no objection to the enactment of legislation to compensate her guardian for these injuries in such amount as the Congress may deom proper to allow. Sincerely yours,

HARRY A. WOODRING,

Secretary of War.

CORONA, N. Y., July 8, 1939. Re claim of Mary Camastro, H. R. 4801. Hon. WILLIAM B. BARRY,

Washington, D. C. DEAR MR. BARRY. I am enclosing herein in regard to the above claim the affidavits of two eyewitnesses, the transcript of hospital record, hospital bill, an family physician's certificate and bill.

As the accident happened more than 3 years ago, I have found it a little difficult locating witnesses. I feel certain, however, that the evidence I am forwarding should be sufficient to sustain the claim.

The evidence shows that the accident was caused by the negligence of the operator of the Army truck; and further, th at the girl is definitely disfigured and crippled, and that she will never enjoy a normal life. As the girl's family is very poor, I hope that immediate action will be taken at this session. Very truly yours,

BASIL DI FIGLIA.

CORONA, LONG ISLAND, N. Y. Mary Camastro shows the following permanent defects as a result of injuries sustained on April 4, 1936:

1. Shortening of left leg of 4 inches, with marked disfigurement of left leg, consisting of marked lateral and anterior bowing of left femur.

2. Limitation of motion at knee joint of 50 percent, with consequent loss of free use of left leg. 3. Large disfiguring operative scars on left thigh, heel, and foot. 4. Multiple scars of face, forehead, and scalp. Dated, June 14, 1939.

SAMUEL E. DI FIGLIA, M. D.

FLUSHING HOSPITAL AND DISPENSARY,

Flushing, N. Y., June 9, 1939. Mr. and Mrs. AMEN (for Mary Camastro),

Corona. Balance account rendered:

Room service from Apr. 4 to Sept. 15, 1936, at $4 per day... $656. 00 Operating room, Apr. 15 and 18, July 14, and Sept. 1...

55. 00 Anesthesia..

26. 00 Laboratory: Kahn, nose and throat, complete blood culture...

6. 50 X-ray

60.00

Balance-amount due.--.

803. 50

Re claim of Mary Camastro, H. R. 4801.
STATE OF NEW YORK,

City of New York and County of Queens, 88:
Peter Nasta, being duly sworn, deposes and says:

That he is over the age of 21 years and resides at 32–52 One Hundred and Third Street, Corona, Long Island, N. Y. That on the 4th day of April 1936 he was standing on the southeast corner of Northern Boulevard and One Hundred and Third Street, Corona, Long Island, N. Y., at about 1 p. m., and that he was watching a procession of Army trucks traveling west on Northern Boulevard. There were many people on all four corners of the intersection. After several Army trucks had passed the intersection, he saw the traffic light on Northern Boulevard change from green to red. That at the time of the change in lights, Army truck bearing the title "62d C. A., Battery C; W-451” had just passed One Hundred and Fourth Street and was about 200 feet behind the rest of the convoy. That he then observed a 1936 Plymouth sedan, operated by Mrs. Joseph Malley, proceed north across Northern Boulevard with the light in her favor, in a careful manner. That the Plymouth sedan had proceeded about three-fourths of the distance across Northern Boulevard when the said Army truck, which I judge was going about 40 to 45 miles per hour in order to catch up with the truck in front of it, struck the Plymouth sedan in the rear right side with such terrific force that it hurtled the sedan 'on the sidewalk and pinned Mary Camastro, who was standing on the sidewalk, against a lamppost. That he then crossed the street and, together with other bystanders, he extricated the unconscious Mary Camastro from the wreckage and carried her into the drug store of Joseph Morton, located at 104-01 Northern Boulevard, Corona, Long Island, N. Y., and placed her on the floor. That unsuccessful attempts were made to revive her. That about onehalf hour later she was taken in an unconscious state to Flushing Hospital. That he places the entire blame on the Army truck. Dated June 9, 1939.

PETER NASTA. Sworn to before me this day of June 1939.

Basil Di Figlia, Notary Public. Commission expires March 30, 1940.

Re claim of Mary Camastro, H. R. 4801.
STATE OF NEW YORK,

City of New York, County of Queens, 88: Rose Gagliano, being duly sworn, deposes and says: That she is over the age of 21 years and resides at 29–17 Jordan Street, Bayside West, Long Island, N. Y. That on April 4, 1936, she was standing on the northwest corner of Northern Boulevard and One Hundred and Third Street, Corona, Long Island, N. Y., and at about 1 p. m. she observed a parade of Army trucks proceeding west along Northern Boulevard. That Mary Camastro, an infant of the age of 9 years, was also standing on the northwest corner of Northern Boulevard and One Hundred and Third Street, watching the parade from the sidewalk. That she saw the traffic light on Northern Boulevard at One Hundred and Third Street change from green to red. That she observed a Plymouth sedan, operated by Mrs. Joseph Malley, approach Northern Boulevard in a northerly direction along One Hundred and Third Street, with the light in her favor. That she then saw the Plymouth sedan slowly cross Northern Boulevard. That she then observed Army truck, No. 62d C. A., Battery C, W-451, traveling west on Northern Boulevard, going between 40 to 45. miles per hour. That she saw the Army truck pass the red light at One Hundred and Third Street and strike the Plymouth sedan on the rear right side near the northwest corner of the intersection, pinning Mary Camastro against the lamppost. That immediately after the impact the Plymouth was up against the lamppost and the Army truck was against the Plymouth sedan. That she then saw Mary Camastro lying unconscious between the lamppost and the Plymouth sedan. That some bystanders then carried the unconscious Mary Camastro to Morton's drug store, located at 104–01 Northern Boulevard, Corona, Long Island, N. Y., and that from there she was taken to Flushing Hospital. Dated New York, July 7, 1939.

ROSE GAGLIANO. Sworn to before me this 7th day of July 1939.

BAŞIL DI FIGLIA,

Notary Public. Commission expires March 30, 1940.

FLUSHING HOSPITAL AND DISPENSARY,

Flushing, N. Y., June 13, 1939 Re Mary Camastro. Our No. 1458/36. SAMUEL E. DıFiglia, M. D.,

Corona, N. Y. DEAR Doctor: In reply to your letter of June 12, 1939, we find that the above-mentioned child was admitted to this hospital on April 4, 1936, at 1:45 p. m., with a history of having been struck by a truck. The child became unconscious following the accident and was rushed to the hospital, then lapsed into semiconsciousness. The patient was irrational at intervals for several days after admission.

Diagnosis: Fracture of left femur. Lacerations of scalp and face. Operations: Lacerations on face sutured with seven horsehair sutures and four silkworm sutures.

April 15. Reduction and cast from hip to ankle, left.
April 18. Open reduction and insertion bone plate.

July 14. Skin graft on areas of erosion and infection on heel and on dorsum of
leg, each about 2 inches in diameter,
September 1. Removal of bone plate, left femur.
X-rays: Enclosed.

On discharge, on September 15, 1936, the patient was able to walk with the aid of crutches. Wound on leg healed and clean, and some drainage from wound of left heel. Very truly yours,

FLUSHING HOSPITAL AND DISPENSARY,
W. M. PAYTON, Superintendent.
I. W. HARLAN, R. R. L.

MARY CAMASTRO—Copy of X-RAY REPORTS April 6, 1936. No evidence of the presence of a fracture is seen in these views of the skull made at the bedside with the portable machine.

Views of the left femur reveal evidence of a fracture at the junction of the upper with the middle third of the shaft. The upper part of the shaft is displaced forward more than the width of the shaft, and there is about 1 inch overriding.

April 13 and 16, 1936. Examination of the left thigh made with the portable apparatus with the leg in traction shows practically no change in the position of the fragments, although there is apparently a slight increase in the amount of posterior displacement of the lower fragment and in the amount of medial angulation at the site of fracture.

The overriding has been almost completely corrected.

Examination of the left thigh made through a circular plaster cast shows a marked change in the position of the fragments.

There is posterior displacement of the lower fragment the full depth of the shaft, some lateral angulation, and more than an inch overriding.

April 23, 1936. Examination of the left thigh made through a circular plaster cast shows that the fragments of the femur have been plated.

There is marked lateral bowing at the site of fracture, however.
A small collection of gas is seen in the soft tissues.
Skin clips are noted incidentally. No other change.

May 25, 1936. Examination of the left thigh shows that there has been an increase in the amount of bowing at the site of fracture. There is now marked lateral and anterior bowing.

There is a large amount of calcified callus in relation to the medial and posterior borders of the shaft of the femur, covering an area of about 5 inches in length.

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