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(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. (f) 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, and 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, that 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.

а

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, ss:
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, ss: 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.

Basil 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. DiFiglia, 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. Ř. 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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JUNE 5 (legislative day, May 28), 1940.—Ordered to be printed

Mr. Hughes, from the Committee on Claims, submitted the following

REPORT

(To accompany H. R. 5464)

The Committee on Claims, to whom was referred the bill (H. R.

C 5464) for the relief of Don E. Hicks, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment.

The facts are fully set forth in House Report No. 2230, Seventysixth Congress, third session, which is appended hereto and made a part of this report.

(H. Rept. No. 2230, 76th Cong., 3d sess. )

The Committee on Claims, to whom was referred the bill (H. R. 5464), for the relief of Don E. Hicks, 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, line 6, strike out the sign and figures "$15,000” and insert in lieu thereof “$3,500”.

Beginning with the word “Provided” in line 11, page 1, strike out the remaining language of the bill and insert in lieu thereof: : Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.”

The purpose of the proposed legislation is to pay to Don E. Hicks, Heiberger, Ala., the sum of $3,500 in full settlement of all claims against the United States for injuries sustained by him on July 24, 1936, when a truck in which he was riding collided with a truck of the Civilian Conservation Corps on Highway No. 80, about 7 miles west of Forest, Miss.

STATEMENT OF FACTS

After dark on July 24, 1936, Mr. Don E. Hicks was driving a pick-up truck, the property of one A. L. Kemp, in an easterly direction on Highway No. 80, about 7 miles west of Forest, Miss. Mr. Kemp, the owner, was a passenger in the truck at the time the accident occurred. At the same time, a Government truck on official business, and operated in connection with the activities of the War Department, was proceeding in a westerly direction on this same highway. In passing, the vehicles sideswiped, causing Mr. Hicks, the claimant, serious injuries.

The Government truck was driven by one Henry Edwards, a Negro, and at the time there were a number of other Negro enrollees in the truck. It was stated by the Government employees that they were driving at a speed of between 25 and 28 miles per hour and that they were on their proper side of the road. However, from the statements of the sheriff of Scott County, Forest, Miss., and from the statements of other witnesses, it has been definitely established that the Government truck was at least 2 feet over the middle line of the highway, and therefore was on the wrong side of the road at the time of the collision. Furthermore, there are statements in the files of your committee which establish that the Government truck was traveling at an excessive rate of speed and that in addition to this, only one headlight (on the right side of the truck) was in o ration.

As a result of this accident Mr. Hicks suffered a comminuted fracture of the left humerus, the distal end of the humerus being split and the condyles fractured; and a compound fracture of the olecranon process. Two bone grafts were attempted, but both were unsuccessful and did not result in union of the humerus. The elbow became ankylosed and it is stated by one of his doctors that the arm should be amputated just below the shoulder to relieve him of the severe pain at the site of the ununited fracture. Mr. Hicks has six dependents and is now totally incapacitated for manual labor.

Mr. Hicks has submitted receipted bills comprising the following items, as a portion of the expenses he has had to undergo as a result of his injury: For hospital and medical attention..

$332. 50 For ambulance service

40. 00 For 40 trips to hospital..

400.00

$772. 50 In addition he has incurred other expenses as follows: Clinical services before operation.

136. 00 Same services after operation.-

260.00 Telephone calls, clothing, etc., and medical supplies --- 31. 60 4 trips to Forest and Newton, Miss., at $35 each.. 140.00

567. 60

Total...

1, 340. 10 In addition to this, Mr. Hicks was forced to resign his former employment, for which he received compensation in the amount of approximately $200 per month.

The War Department has no objection to the enactment of the proposed legislation, and your committee recommends that the bill do pass in the amount of $3,500 to compensate Mr. Hicks for his losses and severe pain and injuries as a result of this accident.

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

War DEPARTMENT, Washington, May 9, 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. 5464, Seventy-sixth Congress, for the relief of Don E. Hicks, which you transmitted

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