The affiant further states that it is his opinion that the claimant Mrs. Elizabeth L. Riley's condition, physically and mentally, is more serious on this date, February 20, 1940, than it was on March 30, 1939. I have no interest, direct or indirect, in the prosecution of this claim. Z. M. ABSHEAR, M. D. Subscribed and sworn to before me by Z. M. Abshear, M. D. this 20th of February 1940. [SEAL] L. A. JOHNSON, Notary Public, Perry County, Ky. My commission expires February 2, 1944. LATER AFFIDAVIT OF CHARLES RILEY STATE OF KENTUCKY, The affiant, Charles Riley, says that he is of the age of 47 years with his postoffice address at Buckhorn, Ky. He says that he is an employee of the Witherspoon College at Buckhorn, Ky., also a minister of the gospel and connected with Church of Buckhorn, doing out-station mission work for said church and prior to the accident which resulted in the injury of Mrs. Elizabeth L. Riley, his wife, that she aided and assisted him in his mission work. The affiant further states that after accident and injury of his wife, the said Mrs. Elizabeth L. Riley, that he has used all diligence in the bounds of his financial reach to secure medical aid and treatment for and in behalf of his wife the said Mrs. Elizabeth L. Riley. He says that after the accident he had immediately taken her to the Snyder Hospital where she was operated on wherein several bones and stones were taken from her head and face. After she was removed from the hospital she failed to recover, and I had her examined at different times by Dr. Z. M. Abshear, of Buckhorn, Ky., who is my family doctor, and he advised me to take her to a specialist, then I took her to the Hazard Hospital where she was examined on August 1, 1939, by Dr. A. M. Gross and other doctors at the hospital and they advised that I see Dr. B. M. Brown of Hazard, a head specialist, and I then took her to Dr. Brown. After returning home she seemed to be doing no good, then my family doctor, Z. M. Abshear, advised me to take her to Dr. Fred Rankin, of Lexington, Ky. Then on or about August 11, 1939, I took her, the said Mrs. Elizabeth L. Riley, to Dr. Fred Rankin, of Lexington, Ky. After he examined her he refused to make an operation and gave me a letter to Dr. R. Glen Spurling, a nerve specialist at Louisville, Ky., and advised me to go and see Mr. Spurling. Pursuant to the advise of Dr. Fred Rankin, of Lexington, Ky., I took my wife, the said Mrs. Elizabeth L. Riley, to Louisville and entered her in the St. Joseph Infirmary and called Dr. Spurling and the Dr. Spurling examined her, the said Mrs. Elizabeth L. Riley, and refused to make any operation stating that it was too dangerous to do further cutting into her head and face, and gave her a treatment, stating that I could bring her home and keep her quiet and give her the treatment at home. He further says that pursuant to the advice of Dr. Spurling he brought his wife, the said Mrs. Elizabeth L. Riley, home and began the treatment and has continued the treatment and on this day and date she is still under the treatment and is in a serious condition. Rev. CHARLES RILEY. Subscribed and sworn to before me this 20th day of February 1940 by the said Charles Riley. JUNE 19 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. ELLENDER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 6737] The Committee on Claims, to whom was referred the bill (H. R. 6737) for the relief of Clarence D. Green, 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. 2287, Seventysixth Congress, third session, which is appended hereto and made a part of this report. IH. Rept. No. 2287, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 6737) for the relief of Clarence D. Green, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 6, strike out the sign and figures "$5,363.85" and insert in lieu thereof "$1,863.85". Line 5, after the name "Green" insert "of Danville, Illinois,". At the end of the bill add ": 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 the sum of $1,863.85 to Clurence D. Green, in full settlement of his claim against the United States for personal injuries sustained when the private car in which he was riding was struck by a Veterans' Administration ambulance on December 28, 1933. STATEMENT OF FACTS On Friday, December 22, 1933, at about 6 p. m., a Veterans' Administration ambulance was proceeding west on East Main Street, Danville, Ill. As it approached the intersection at Bowman Avenue, the traffic signal changed from green to caution. The driver applied the brakes to stop but skidded across the intersection. Apparently, the driver decided to continue through the intersection, and upon looking forward noticed the truck directly in front of him, and again applied the brakes, causing the ambulance to skid still farther and to collide with the De Soto coupe in which Mr. Green was a passenger, said De Soto coupe being at a standstill on its proper side of Main Street headed east. Mr. Green was rendered unconscious and taken to a hospital where he was treated for a concussion of the brain, deep lacerations over the face and forehead, and contusions over body. The cut on his head necessitated 14 stitches in order to close it. Since this accident he suffers from continual headaches, with which he was very seldom bothered before his accident. Your committee, after carefully considering the merits of this case, recommends the payment of $1,500 for pain and suffering together with $363.85, which was actually expended for hospital and medical services, making a total of $1,863.85. Appended hereto is the report of the Veterans' Administration, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, VETERANS' ADMINISTRATION, Chairman, Committee on Claims, House of Representatives, Washington, D. C. MY DEAR MR. KENNEDY: This is in further response to your request of June 14, 1939, for a report on H. R. 6737, Seventy-sixth Congress, "A Bill For the relief of Clarence D. Green." The bill provides as follows: "That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Clarence D. Green the sum of $5,363.85 in full settlement of all claims against the United States for personal injuries received when the private car in which Clarence D. Green was a passenger was struck by a Veterans' Administration facility ambulance on December 22, 1933, on Main Street near the intersection of Bowman Street with Main Street, in Danville, Illinois." The records of the Veterans' Administration show that about 6 p. m., December 22, 1933, Veterans' Administration ambulance, service No. 947, was proceeding west on East Main Street, Danville, Ill. As it approached the intersection of East Main Street and Bowman Avenue the traffic signal located overhead and in the center of the intersection changed from green to caution. The driver of the ambulance applied the brakes and the ambulance skidded partly across the intersection. Apparently the driver decided to continue through the intersection, but again applied the brakes to avoid striking the rear end of a truck that he noticed directly in front of him, causing the ambulance to skid still farther and across the streetcar tracks and to collide with a De Soto coupe, driven by Maurice F. Green, brother of Clarence D. Green, which was at a standstill (having stopped for the red light) on its proper side of Maine Street, headed east. The ambulance turned over on its right side. The collision drove the De Soto coupe into (1) a Chevrolet coupe driven by Mrs. Edna Campbell, which had stopped for the red light to the right and slightly to the rear of the De Soto coupe, and (2) into a Dodge sedan driven by William P. Klein, which also had stopped for the red light immediately to the rear of the De Soto coupe. The cause of the accident appears to have been due to the speed at which the ambulance was being driven and the failure of the driver to have had it under proper control as he approached the intersection. On December 27, 1933, Clarence D. Green submitted a written statement reading as follows: "About 6 p. m., Friday, December 22, 1933, was accompanying my brother home in his De Soto coupe. We were traveling east on Main Street. After crossing the C. & E. I. R. R. tracks about 200 yards west of the intersection of Bowman and Main, I do not remember anything until I became conscious in the filling station on the corner and was taken to the hospital. My memory has been wiped out for the period after we crossed the tracks. I was taken to the hospital Friday evening and remained there until Monday noon, December 25, 1933. I was attended by Dr. Jean Moore, Danville, Ill. Dr. Moore treated me for concussion of the brain, deep lacerations over face and forehead, and contusions over body." A claim for damages in the amount of $3,500 for personal injury, and in the amount of $2.85 for property damages was subscribed and sworn to by Clarence D. Green on March 5, 1934, before W. B. Harrington, notary public, Danville, Ill. Mr. Green submitted an ambulance bill for $5, a hospital bill for $26, and a doctor's bill for $29, each of which was returned for the reason that his claim for $3,500 for personal injury could not be recommended for settlement for the reason that there is no law providing for the settlement of claims for personal injury in cases of this kind arising out of tort. The item of $2.85 for damage to clothing was allowed Mr. Clarence D. Green, by Public, No. 412, Seventy-third Congress, approved June 19, 1934. As a result of the informal contact had with your committee on October 11, 1939, an investigation was conducted by the Veterans' Administration facility, Hines, Ill., to enable the Veterans' Administration to determine the extent of Mr. Green's damages. This investigation reveals that Dr. Jean W. Moore rendered first aid and treated Mr. Green from December 22, 1933, through January 12, 1934. The latter was admitted to St. Elizabeths Hospital, Danville, Ill., on December 22, 1933, and treated for lacerations of forehead and concussion of skull. He was discharged on December 25, 1933, condition improved. Copies of original bills covering medical and hospital expenses in the amounts of $29 and $26, respectively, have been submitted to this Administration through the manager, Veterans' Administration facility, Hines, Ill. Neither of these bills has been paid. The ambulance bill of $5 submitted by Edmund & Dickson was paid on January 4, 1934, as evidenced by the receipted bill. Copies of the above bills and receipt are enclosed herewith. While Mr. Green has not submitted a claim for actual loss of wages, the investigation discloses that at the time of the accident he was employed as a helper at a filling station operated by his brother Maurice and received $22.50 per week. As a result of his injuries he was unemployed from December 22, 1933, to sometime in March, 1934, or for a period of approximately 3 months. At that time he went back to help his brother at the filling station and was paid the same amount he had received prior to the accident. He continued with his brother for about 5 weeks when, on account of slack times, he was laid off. The investigation discloses that Mr. Green has been gainfully employed from some time in March 1934, to the present time, with the exception of a month when he was looking for work, and his wages over the above period ranged from $15 to $28 per week. It, therefore, does not appear that Mr. Green's earning capacity has been impaired as a result of the accident. The loss of wages occasioned by Mr. Green's injuries over the 3 months period at $22.50 per week would amount to approximately $270. The total amount of pecuniary loss including the medical, hospital, and ambulance bills and loss of wages would aggregate $330. However, it should be noted that the hospital and doctor bills totaling $55 have not been paid. The Veterans' Administration is of the opinion that some relief should be accorded Mr. Green to cover the above expenses as well as to compensate him for the injury sustained. However, it is not possible from the data available for this Administration to make a definite recommendation as to the actual loss sustained by Mr. Green. There is, therefore, enclosed herewith a suggested draft of a bill which if enacted would accomplish the desired purpose. This draft is more in line with the measures commonly introduced covering cases of this general character. Particular attention is invited to the fact that it is necessary to insert the maximum amount which the Comptroller General may allow for budget purposes and in order to make it unnecessary for the enactment of a subsequent measure appropriating the necessary amount of money. It is respectfully suggested since this proposed measure places responsibility of settlement upon the Comptroller General that it be submitted to that official for his reaction. Very truly yours, FRANK T. HINES, Administrator. AFFIDAVIT STATE OF ILLINOIS, County of Vermilion, ss: I, Clarence Green, being first duly sworn on my oath, depose and say, that on the 22d day of December 1933 I was employed as a station attendant at a salary of $22.50 per week at the Goodrich-Silvertown store located on the southeast corner of Seminary and Vermilion Streets, in Danville, Ill., and my brother, Maurice Green, was also employed at the same place in the capacity of operating manager. At about 5:40 in the evening of said day, my brother and I left the store where we worked, to go to our home for dinner. My brother Maurice was driving the car, a DeSoto de luxe 1932 coupe, which he owned. We turned east from Jackson Street to Main Street and proceeded east and northeast along said Main Street to the intersection of Bowman Avenue with Main Street. The street at that point was approximately 50 feet in width, consisting of about 17 feet black top, 16 feet of brick with 2 sets of streetcar tracks, and 17 feet of black top. At said intersection of Bowman and Main, there is a traffic light suspended at approximately the center of the intersection of Bowman and Main. It is clearly visible and we were easily able to see it. As we approached the said intersection, we were traveling approximately 15 miles an hour. The light had changed to the yellow caution signal, and we slowed down. My brother stopped before we reached said intersection and when we were about even with the Texas oil station, the light turned red. We stopped with our right wheels approximately 10 feet from the curb. After we had stopped and while the light was still red, I saw the ambulance from the Veterans' Administration facility coming from the east on the north side of Main Street, at a very rapid rate of speed. I remarked to my brother that the driver of the car coming from the east was traveling too fast to stop for the traffic light, and that there was going to be an accident. My brother rolled down his window so that he could see. As the ambulance approached the intersection, the driver slammed on his brakes, and the ambulance started to skid diagonally across the intersection toward our car. The front end of the ambulance crashed into the left side of our car. Prior That is the last I knew until I woke up in the hospital the next morning (Saturday), December 23. At that time I found out Dr. Jean Moore was in attendance, and they had taken fourteen stitches in my head. My ears were still bleeding, and I had a terrific pain in my head, and my back had been wrenched somewhat. to this accident I had never been bothered with earaches or neuralgia of any kind. I was taken to my home from the hospital on the following Monday, as I could not afford to stay in the hospital any longer, and the doctor stated the rest at home would serve the purpose. I stayed at home approximately 12 weeks recuperating from my injuries. I have a permanent scar across the middle of my forehead extending 61⁄2 inches from the center of my head toward my left side. The scar is clearly visible and a white line prominently shows up along said scar whenever my face gets flushed. During said 12-week period my ears bled frequently. I have had no X-rays taken since the night of the accident and the doctor stated the pictures then showed negative. Since the accident I have at various intervals headaches and earaches. When I have such pains my head feels as though it would burst and this lasts from a few minutes to sometimes 2 and 3 days at a time. When I have these attacks I am unable to do any kind of work during the spell. These attacks do not seem to become more frequent or less frequent, but come at irregular intervals, usually whenever my resistance gets low. The adjuster from the Veterans' Administration facility was at the hospital to see me and I talked with him. I do not know just exactly what the conversation consisted of. I originally expected the Veterans' Administration facility to adjust this claim for me, as they had adjusted the claim of my brother for his car, but they informed me they could not make any adjustment on a personal-injury claim, as that could only be done by an act of Congress, but they did adjust the personalproperty claim of my brother. I submitted the case to the Honorable James A. Meeks, then the Member of Congress from this district. I did not know what else to do with it, until some time later when I asked Mr. Meeks what had been done with my claim and he informed me that in the rush of his congressional duties, it must have been mislaid and he was unable to find any files on the subject and did not know what had happened to the papers. I am making this statement for the purpose of showing why application for claim was not made sooner. At the present time I am working at the same place as I was prior to this accident, although it is now under different management. |