STATE OF ILLINOIS, County of Vermilion, 88: AFFIDAVIT Everett White, being first duly sworn on oath, deposes and says that he knew Clarence Green prior to the 22d day of December 1933, and that he was well acquainted with him, and that prior to said date he had never heard of Clarence Green complaining of any headaches; that after December 22, 1933, your affiant has been with said Clarence Green at various times, when he apparently without any reason therefor, started to complain of a terrific pain in his head. Sometimes these pains would last for a short time, other times your affiant knew, of his own knowledge, said headaches lasted over a period of 1 or 2 days; that the last time this affiant remembers Clarence Green having one of his headaches was on the day of December 1936, and that he saw him at his home on said day when he was suffering from such a headache. Affiant further states it was necessary to have head bandaged for some time after accident. This affiant is not a relative, but only a friend of Clarence Green. EVERETT A. WHITE. JOHN E. SEBAT, Notary Public. Subscribed and sworn to before me this 31st day of May A. D. 1939. [SEAL] 76TH CONGRESS 3d Session SENATE REPORT {No. 1885 EDNA EMERY 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. 7880] The Committee on Claims, to whom was referred the bill (H. R. 7880) for the relief of Edna Emery, 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. 2325, Seventysixth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 2325, 76th Cong., 3d sess.) The Committee on Claims, to whom was referred the bill (H. R. 7880) for the relief of Edna Emery, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass. The amendments are as follows: Line 7, strike out the sign and figures "$2,500" and insert in lieu thereof "$541.65". Line 13, before the word "Andover" insert "North". 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 $541.65 to Mrs. Edna Emery, of North Andover, Mass., in full settlement of all claims against the United States for personal injuries and losses sustained by her as the result of an accident on September 11, 1937, when her automobile was struck by a United States Army truck from Fort Williams, Maine, at the intersection of Highway 125 and Massachusetts Avenue, in North Andover, Mass. STATEMENT OF FACTS On September 11, 1937, at about 12 noon, a convoy of approximately 26 Army trucks, on official business, was proceeding south on Highway 125, in North Andover, Mass., at a speed of about 20 miles per hour. When the first truck in At this convoy arrived at the intersection of Highway 125 and Massachusetts Avenue the traffic signal light was green and the convoy continued to cross the intersection. After about 20 of the trucks had crossed the intersection the light changed to red and 2 or 3 Army vehicles crossed the intersection against the red light. this time, a Buick car, owned and operated by Mrs. Edna Emery, had been proceeding west on Massachusetts Avenue and had stopped at the intersection in obedience to the red traffic light. Her car had stopped for only a few seconds before the light changed to green. She observed the approach of the next Government truck and since it appeared to slow up when the light changed, she believed the driver intended to bring his vehicle to a halt. It might be stated here that rain had been falling and the highway was wet and very slippery Also, there was an interval of three truck lengths between the Army vehicle involved in the accident and the one immediately ahead. When the light changed to green, Mrs. Emery proceeded into the intersection and the Army vehicle which was proceeding against the red light struck the left rear side of her car, and pushed it into a lamppost, damaging the car. The impact caused the door of Mrs. Emery's car to come open, and she was thrown to the running board, thereby causing her serious personal injuries. Mrs. Emery was treated on September 12, the day after the accident, by Dr. H. Frank McCarthy, who stated that Mrs. Emery was at that time suffering from a chronic gynecological condition. This condition had not been entirely caused by the accident, but was very seriously aggravated by same. Part of Dr. McCarthy's statement is quoted herewith: "At that time (September 12, 1937) patient stated that she had been in an automobile accident and had been knocked from the car to the running board striking her left lower abdomen. On examination I found patient was suffering from contusion of abdomen and an extremely tender left vault. Patient's condition became worse, that is, frequency with leucorrhea, menorrhagea, and metrorrhagea. Patient continued to come to my office from this time on with essentially the complaints as outlined above, and various treatments such as tamponing and douches were of no avail. This condition progressed so that it was necessary to perform a supravaginal hysterectomy upon the patient. This patient continued in my care until September 25, 1938. This effectively arrested all complaints and since the operation, patient has been perfectly well. In my opinion, the injuries sustained by Mrs. Emery on September 12, 1937, necessitated the removal of her uterus." It will be noted from this statement that it was necessary for Mrs. Emery to remain in the doctor's care for more than a year. As a result of her injuries Mrs. Emery had to have various doctors, nurses, and hospital treatment, and incurred expenses in the amount of $494.55. Receipted bills totaling this amount are in the possession of your committee. In addition to her personal injuries, Mrs. Emery's car was damaged by the accident, and in this connection Mrs. Emery claims $41.65, computed as follows: Estimate for general repairs__. $25. 65 16. 00 Total___. 41. 65 The War Department has no objection to the enactment of the proposed legislation, it being their view that the proximate cause of the accident was the negligence of the Government driver in that he failed to stop at an intersection in obedience to a red traffic signal light, and thereby failed to yield Mrs. Emery's car the right-of-way to which it was entitled. Your committee has gone very carefully into the circumstances surrounding this case and recommend the payment of the sum of $541.65, to compensate Mrs. Emery for her personal injuries and property damage resulting from this accident. Appended hereto is the report of the War Department, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, WAR DEPARTMENT, Washington, February 21, 1940. House of Representatives, Washington, D. C. DEAR MR. KENNEDY: Careful consideration has been given to the bill (H. R. 7880, 76th Cong., 3d sess.) for the relief of Edna Emery, which you transmitted to the War Department under date of February 6, 1940, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Edna Emery, of North Andover, Mass., the sum of $2,500, in full settlement of all claims against the United States for personal injuries and losses sustained by her as a result of an accident on September 11, 1937, when her automobile was struck by an Army truck at the intersection of Highway 125 (Chickering Road) and Massachusetts Avenue, Andover, Mass. On September 11, 1937, at about 12 noon, a convoy of approximately 26 Army trucks, on official business, was proceeding south on Highway 125, in North Andover, Mass., at a speed of about 20 miles per hour. When the leading vehicle of the convoy arrived at the intersection of Highway 125 and Massachusetts Avenue, the traffic signal light was green and the convoy continued to cross the intersection. After about 20 of the Army vehicles had crossed the intersection, the traffic signal light changed to red and 2 or 3 Army vehicles crossed the intersection against the red traffic signal light. At about this time, a Buick car, owned and operated by Mrs. Edna Emery, had been proceeding west on Massachusetts Avenue and had stopped at the intersection of Highway 125 and Massachusetts Avenue in obedience to a red traffic signal light. When the light changed to green, Mrs. Emery proceeded into the intersection, and one of the Army vehicles, which was proceeding against the red light, struck the left rear side of the Buick and pushed it into a lamppost, damaging the car. The impact caused the door of Mrs. Emery's car to come open and she was thrown to the running board, thereby causing the personal injuries complained of. The evidence of record establishes that rain had been falling and the roadway was wet and very slippery; that there was an interval of three truck lengths between the Army vehicle involved in the accident and the one immediately ahead; that Mrs. Emery states her car was stopped only a few seconds before the light changed to green; and that she observed the approach of the Government vehicle involved and that it appeared to slow up when the light changed in what she believed was an attempt to stop. A claim was filed by Mrs. Emery with the War Department in the amount of $500 for personal injury and $43.15 for property damage. The claim for property damage was supported by an estimate in the amount of $25.65 furnished by a motor company and a receipted invoice in the amount of $16 for a tire and tube furnished by a service station, a total of $41.65. Upon review in the War Department, the claim for property damage was approved in the amount of $19.75 ($41.65 less $8, one-half the value of a new tire and tube, and less $13.90, the value of a new wheel, the evidence of record indicating that the wheel which was claimed to have been damaged was in use on the car 2 months after the accident). It was the view of the War Department that the proximate cause of the accident was the negligence of the Government driver in that he failed to stop at an intersection in obedience to a red traffic signal light, and thereby failed to yield to Mrs. Emery's car the right-of-way to which it was entitled by virtue of having entered the intersection on a green traffic light. Mrs. Emery has refused to accept the sum of $19.75. The claim for personal injury was disapproved for the reason that, regardless of the person or persons responsible for the accident, there was no provision of law or appropriation available to the Department for the settlement of claims for personal injuries or expenses incident thereto arising as a result of the activities of the Army, except in a very restricted class of claims involving the operation of Army aircraft. Mrs. Emery later submitted new claims for property damage to her car, on one occasion in the amount of $152.63 and on another in the amount of $129.98. After careful consideration, it was determined that no information had been presented which, when considered with the evidence of record in the case, would justify a reversal of the action previously taken, and the Department adhered to its action in approving the claim for property damage in the amount of $19.75. Mrs. Emery was a patient in the New England Baptist Hospital from February 17 to 23, 1935, at which time she was treated conservatively for retroversion and leucorrhea. She was later readmitted on April 15, 1935, and was discharged April 20, 1935, during which time she had a dilation and curettage with a diagnosis of fibrosis, uteri, leucorrhea, and endocervicitis. The records of the hospital state that the endocervicitis was chronic. This hospital treatment was had prior to the date of the accident. According to a physician who treated Mrs. Emery from September 12, 1937, the day after the accident, to April 16, 1938, Mrs. Emery on September 11, 1937, was suffering from a chronic gynecological condition that her condition was not due entirely to the accident, but was aggravated by it; and that her condition on May 10, 1938, as compared with her condition on September 11, 1937, and prior thereto had shown improvement. The physician has stated that the total amount of his bill is $43. In the accident Mrs. Emery also suffered an injury to her knee, and was treated by another physician, who diagnosed the injury as patella synovitis. The expense incurred by Mrs. Emery for treatment of the knee injury is not of record in the War Department. In view of the above, the War Department will interpose no objection to the enactment of legislation which will reimburse Mrs. Emery for property damage and personal injuries in such amount as the Congress, in its discretion, may deem proper to allow, attention being invited to the determination of the Department that $19.75 is a proper amount for the property damage and to the existing physical condition of Mrs. Emery at the time of the accident. Sincerely yours, Creditor Dr. H. Frank McCarthy.. Clover Hill Hospital, Inc. Do. Dr. H. Frank McCarthy. Do. LOUIS JOHNSON, Acting Secretary of War. Bills in support of H. R. 7880 Helen Morache, registered nurse. I, Dr. H. Frank McCarthy, of Lawrence, in the county of Essex and Commonwealth of Massachusetts, being first duly sworn, say that I first treated Mrs. Edna Emery, of North Andover, in the county of Essex and Commonwealth of Massachusetts, on September 12, 1937. At that time patient stated that she had been in an automobile accident and had been knocked from the car to the running board, striking her left lower abdomen. On examination I found patient was suffering from contusion of abdomen and an extremely tender left vault. Patient's condition became worse, that is, frequency with leucorrhea, menorrhagea, and metrorrhagea. Patient continued to come to my office from this time on with essentially the complaints as outlined above, and various treatments such as tamponing and douches were of no avail. This condition progressed so that it was necessary to perform a supra vaginal hysterectomy upon the patient. This operation took place on or about August 6, 1938. The patient continued in my care until September 25, 1938. This effectively arrested all complaints and since the operation patient has been perfectly well. In my opinion, the injuries sustained by Mrs. Emery on September 12, 1937, necessitated the removal of her uterus. H. FRANK MCCARTHY, M. D. NERVÉ MOISON, Notary Public. Subscribed and sworn to before me this 24th day of October 1939. о |