JUNE 19 (legislative day, May 28), 1940.—Ordered to be printed Mr. SCHWARTZ, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 3925 The Committee on Claims, to whom was referred the bill (H. R. 3925) for the relief of Evelyn L. Ratcliffe, 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. 2281, Seventysixth Congress, third session, which is appended hereto and made a part of this report. (H. Rept. No. 2281, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 3925) for the relief of Evelyn L. Ratcliffe, 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 "$2,000" and insert in lieu thereof "$1,500 to Evelyn L. Ratcliffe, of La Follette, Tennessee". 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 $1,500 to Evelyn L. Ratcliffe, of La Follette, Tenn., in full settlement of all claims against the United States for personal injuries sustained by her on June 17, 1938, as a result of an automobile collision on United States Highway No. 25W with a truck which was being negligently operated, said truck belonging to the United States Department of the Interior, and driven by a Civilian Conservation Corps enrollee. STATEMENT OF FACTS At about 2:15 p. m., on June 17, 1938, Miss Evelyn L. Ratcliffe, of La Follette Tenn., was driving her Plymouth coupe in an easterly direction on United States Highway No. 25W at a point near Caryville, Tenn., and was approaching a curve in the road. At the same time a truck, belonging to the Department of the Interior, and operated by one Thomas C. Stephens, an enrollee in the Civilian Conservation Corps, was being driven in the opposite direction on this same highway. As the two vehicles attempted to make the curve, Miss Ratcliffe was on her extreme right-hand side of the road and was traveling at a very low rate of speed, estimated to be between 8 and 10 miles per hour. When the Government driver rounded this curve he was traveling at a high rate of speed, and according to his statement, when he attempted to apply his brakes, they locked and he swerved over the center line of the highway and collided with Miss Ratcliffe's car. The impact of this collision caused Miss Ratcliffe to be thrown against the dashboard and interior parts of her automobile, causing her considerable injury. Dr. Joseph McCoin, who examined Miss Ratcliffe immediately after the accident, made the following statement: "On examination of the patient immediately after the accident there were signs of fracture of the right kneecap and torn ligaments about the joints. X-ray pictures were made but were unsatisfactory and a fluoroscopic examination was made. Diagnosis of torn ligaments, fractured kneecap, and internal derangement of knee joint was made. First-aid treatment was given and the patient was referred to Dr. Troy Bagwell of Knoxville, Tenn., an orthopedist, on the following day. He applied a cast and returned her to me for observation and continued treatment. The patient sustained other injuries-contusions and lacerations of the face and hands, all of which were of a minor nature. Observations since injury indicates that the torn ligaments have not properly healed and that there will probably remain some permanent damage from this injury." Other doctors' statements which will be found hereafter appended show that Miss Ratcliffe has sustained permanent damage to her right leg as a result of the injury. The Department of the Interior is of the opinion that the accident was caused by the negligence of the Government employee and has allowed Miss Ratcliffe the sum of $42.50 in full settlement of her property damage claim growing out of the accident. Miss Ratcliffe incurred doctor bills in the amount of $75 in this connection, and also was incapacitated for several weeks while her leg was in a plaster-of-paris cast. It is believed by your committee in view of all the circumstances in this case that the sum of $1,500 should be allowed Miss Ratcliffe to compensate her for her medical expenses as well as the pain and suffering she had to undergo as a result of this accident. Appended hereto is the report of the Department of the Interior, together with other pertinent evidence. DEPARTMENT OF THE INTERIOR, Hon. AMBROSE J. KENNEDY, Chairman, Committee on Claims, House of Representatives. MY DEAR MR. CHAIRMAN: This is with further reference to a letter from this Department, dated April 6, 1939, regarding H. R. 3925, entitled "A bill for the relief of Evelyn L. Ratcliffe." This proposed legislation would authorize and direct the Secretary of the Treasury to pay to Miss Ratcliffe the sum of $2,000 for personal injuries and medical and hospital expenses resulting from an automobile collision which occurred on June 17, 1938, involving a truck under the jurisdiction of this Department. Under date of April 3, 1939, Miss Ratcliffe filed a revised claim, with this Department in the amount of $117.50, representing $75 for doctors' bills and $42.50 for property damage occasioned by the automobile collision described in H. R. 3925. Pursuant to section 16 of the act of June 28, 1937 (50 Stat. 321), the claim was allowed in the amount of $117.50, subject to the claimant's acceptance of that amount as payment in full. The claimant has been advised of this allowance, through the regional office of the National Park Service, at Richmond, Va., but it is not yet known whether she has indicated her willingness to accept it. Section 16 of the act under which the claim was allowed limits the amount allowable "to necessary medical and hospital expenses" and provides further "that acceptance by any claimant of the amount allowed on account of his claim shall be deemed to be in full settlement thereof * * Assuming that the claimant accepts the amount of $117.50, the question whether she should be compensated further would appear to be a question for the determination of the Congress in the light of the provisions of the statute quoted above. This Department has no definite information concerning the extent of the injuries sustained by Miss Ratcliffe. A copy of the Solicitor's opinion recommending the allowance of Miss Ratcliffe's claim, approved May 29, is enclosed. Sincerely yours, HARRY SLATTERY, Acting Secretary of the Interior. DEPARTMENT OF THE INTERIOR, The honorable the SECRETARY OF THE INTERIOR. The collision occurred on June 17, 1938, on a county road running through Cove Lake State Park, Caryville, Tenn., and is described by Miss Ratcliffe as follows: "I was traveling east on a county highway a short distance east of US 25W when the Civilian Conservation Corps truck, meeting me, came around curve and over onto my side of the road." In a supplemental sworn statement Miss Ratcliffe says that she was driving at a very low rate of speed, estimated to be 8 or 10 miles an hour, and that she was as far over to her right as it was possible to travel on this road, while the Government truck "was being driven at a terrific rate of speed." Ben H. Clark, a State highway patrolman, submits a sworn statement reading in part as follows: * * neither her car nor the Government truck had been moved from the scene of the accident when I arrived; ** * Miss Ratcliffe's car was on the right-hand side of the road in the direction in which she was traveling and the right wheels of her car were in the ditch line at the right of said road; * * * the Government truck was in about the center of the road; that is, the truck was setting just about in the center of the highway, with part of the truck over what would be the center line on its left side of said highway and on that part of the highway which belonged to cars traveling in its opposite direction. * * * "In my opinion this collision could have been avoided had the truck stayed over on its side of the highway. It is possible for two vehicles to pass at this point providing that they are traveling at a slow enough rate of speed." The Government driver says that he applied his brakes while rounding a superelevated curve which was surfaced with loose gravel, and that the brakes locked and the gravel caused his truck to slide to the left into the private car. He denies that he was driving fast, as alleged by Miss Ratcliffe, and both he and the investigating officer express the belief that the accident was unavoidable, due to the sliding of the truck to the left when the brakes were applied. We have the statement of Miss Ratcliffe that the Government truck was being driven at an excessive rate of speed in the circumstances, and this appears to be corroborated by the statement of the Tennessee highway patrolman. His report clearly places the blame for the collision on the enrollee driver. It is my opinion that the record as a whole indicates negligence on the part of the Government employee. The private driver was apparently operating her car in a proper manner, while the Government truck appears to have been going too fast around the curve. It is not shown in the record whether the brakes on the truck were defective but, in any event, they were applied in such a manner that the truck was thrown over into the car of the claimant. Negligence having been established, with no contributory negligence on the part of Miss Ratcliffe, her claim of $117.50, representing $75 paid to doctors who treated her personal injuries, and $42.50 for automobile repairs not covered by insurance, should be paid. The subrogated claim of the insurance company for the difference of $123.20, which it was required to pay under its collision policy, should likewise be paid. These claims are properly supported by notarized bills totaling $75 for doctors' fees and $165.70 for car repairs, and the record also contains a photostatic copy of the draft of payment of the insurers. MY DEAR MR. CHAIRMAN: Further reference is made to H. R. 3925, entitled "A bill for the relief of Evelyn L. Ratcliffe." In the Department's report of June 22 you were advised that Miss Ratcliffe had filed a claim with this Department for damages occasioned by the automobile collision described in H. R. 3925. This claim was allowed in the amount of $117.50, but it was not known at the time whether the claimant was willing to accept the amount allowed in full settlement of her claim against the United States. On July 11, Miss Ratcliffe wrote to this Department, indicating her willingness to accept the amount of $42.50 in full settlement of her claim, only to the extent of the property damage involved. Accordingly, she will be paid the latter amount in lieu of the sum of $117.50 previously allowed. She prefers to leave the question of personal injuries with the Congress, as provided by H. R. 3925. A copy of Miss Ratcliffe's letter is enclosed. Sincerely yours, HARRY SLATTERY, Acting Secretary of the Interior. LAW OFFICE JOE M. CARDEN, La Follette, Tenn., July 11, 1939. UNITED STATES DEPARTMENT OF THE INTERIOR, National Park Service, Procurement Office, Atlanta, Ga. GENTLEMEN: Replying to your letter of June 19, 1939, I do not want to accept $117.50 in full settlement of my claim against the United States Government as a result of the automobile accident in which I sustained severe injuries. However, I am willing to accept $42.50 in settlement of property damages only. I prefer not to accept anything in payment of personal injury or medical expenses as there is now pending a private bill in Congress authorizing payment to be made to me for personal injuries and medical expenses. I prefer to rely on this bill to be compensated for these items. Will you, therefore, kindly mail me voucher in the amount of $42.50? EVELYN L. RATCLIFFE. STATE OF TENNESSEE, County of Campbell: The affiant, Evelyn L. Ratcliffe, being duly sworn according to law, deposes and says as follows: That on June 17, 1938, at about 2:15 p. m., while driving in an eastwardly direction on a county road or highway which intersects with U S 25W at a point near Caryville, Tenn., and within about one-fourth of a mile of United States Highway No. 25W, I was approaching a curve on said county road when a truck belonging to the United States Department of the Interior, being truck No. 82427, which at said time and place was being driven by a Civilian Conservation Corps enrollee, which said truck was being operated in a westwardly direction and in the opposite direction in which I was driving, instantly came around a curve on said county road and over on my side of the road and collided with my car. I was driving at the time at a very low rate of speed which I would estimate to be about 8 or 10 miles per hour and was driving as far to my right as was possible on this road. The Government truck was being driven at a terrific rate of speed. There was plenty of room in the highway for this truck to have passed my car without a collision. As a result of this collision, I was thrown against the dash or some interior parts of my automobile and was severely injuredf receiving a fracture of the right leg at or near the knee; the lateral ligaments in my right leg were torn loose and I was generally bruised and lacerated. I was given treatment for my bruises and lacerations and my right leg was placed in a plaster paris cast, which cast I was compelled to wear for several weeks. I received treatment from three physicians. EVELYN L. RATCLIFFE. Subscribed and sworn to before me this the 14th day of February 1939. My commission expires July 20, 1939. STATE OF TENNESSEE, County of Campbell: The affiant, Ben Clark, after being duly sworn according to law deposes and says as follows: I am 27 years of age, and reside at La Follette, Tenn.; I am a highway patrolman for the State of Tennessee and have been for nearly 4 years; I am acquainted with Evelyn L. Ratcliffe; that on June 17, 1938, I went to the place where Miss Ratcliffe had had an automobile collision with a Government truck near Caryville, Tenn. That neither her car nor the Government truck had been moved from the scene of the accident when I arrived; that Miss Ratcliffe's car was on the righthand side of the road in the direction in which she was traveling and the right wheels of her car were in the ditch line at the right of said road; that the Government truck was in about the center of the road, that is the truck was setting just about in the center of the highway, with part of the truck over what would be the center line on its left side of said highway and on that part of the highway which belonged to cars traveling in its opposite direction, and, of course, part of the truck was over on its own right-hand side. In my opinion this collision could have been avoided had the truck stayed over on its side of the highway. It is possible for two vehicles to pass at this point providing that they are traveling at a slow enough rate of speed. This the 15th day of February 1939. BEN H. CLARK. Subscribed and sworn to before me this the 15th day of February 1939. [SEAL] My commission expires July 20, 1939. STATE OF TENNESSEE, County of Campbell: JOE M. CARDEN, Notary Public, Campbell County, Tenn. The affiant, Joseph McCoin, after being duly sworn according to law deposes and says as follows: That he is a physician and surgeon, practicing his profession at La Follette, Campbell County, Tenn.; that he is a graduate of the medical department of the University of Tennessee; that he is 31 years of age; that he is acquainted with Miss Evelyn L. Ratcliffe and that he treated her for injuries which she sustained on or about June 17, 1938, said injuries being the result of an automobile collision. That on examination of the patient immediately after the accident there were signs of fracture of the right kneecap and torn ligaments about the joints. X-ray pictures were made but were unsatisfactory and a fluoroscopic examination was made. Diagnosis of torn ligaments, fractured kneecap and internal derangement of knee joint was made. First-aid treatment was given and the patient was referred to Dr. Troy Bagwell of Knoxville, Tenn., an orthopedist, on the following day. He applied a cast and returned her to me for observation and continued treatment. The patient sustained other injuries-contusions and lacerations of the face and hands all of which were of a minor nature. Observation since injury indicates that the torn ligaments have not properly healed and that there will probably remain some permanent damage from this injury. JOSEPH MCCOIN. Subscribed and sworn to before me this the 17th day of February 1939. My commission expires on the 15th day of October 1942. |