Hon. AMBROSE J. KENNEDY, WAR DEPARTMENT, Washington, July 18, 1939. House of Representatives, Washington, D. C. DEAR MR. KENNEDY: Careful consideration has been given to the bill H. R. 6889 (76th Cong., 1st sess.), for the relief of Frances M. Hannah, which you transmitted to the War Department under date of June 23, 1939, with request for information and the views of the Department relative thereto. The purpose of the proposed legislation is to pay to Frances M. Hannah, of Madera, Calif., the sum of $2,000, in full satisfaction of all claims against the United States for injuries sustained by her when the streetcar upon which she was a passenger was in a collision with a Čivilian Conservation Corps truck at Fresno, Calif., on May 2, 1938. On May 2, 1938, at about 5:55 p. m., a United States Civilian Conservation Corps truck on official business was proceeding east on Divisadero Street, in Fresno, Calif., at an undetermined speed. When approaching the point where Fulton Street intersects Divisadero Street, the Government driver reduced the speed of his vehicle to about 10 miles per hour and entered the intersection without coming to a stop as required by a stop sign posted for east-bound traffic. At this moment, a streetcar of the Fresno Traction Co., upon which Mrs. Frances M. Hannah was a passenger, north-bound on Fulton Street, entered the same intersection. When the Government driver saw the streetcar starting across the intersection, he turned sharply to his left in an attempt to avoid a collision, but the Government vehicle struck the left front of the streetcar, near the place on the streetcar where Mrs. Hannah was seated thus causing the personal injuries to Mrs. Hannah complained of. A claim was filed by Mrs. Hannah with the War Department in the amount of $800 on account of personal injuries. The claim was accompanied by bills as follows: Medical report... Office and home visits-examinations and urinalysis__ Total. Mrs. Hannah claimed to have sustained injuries to her back, left shoulder, kidneys, and bladder. A medical examination by her physician on May 5, 1938, revealed contusion and strain over outer one-third of left clavicle and left shoulder joint; considerable pain of the left shoulder joint when she lifted her arm; external evidence of contusion and tenderness to pressure over the left deltoid muscle; pain to pressure and with motion over right and left sacroiliac joints; definite bilateral sacroiliac strain indicated by manipulation of both hips and legs; and evidence of only slight contusion over the sacrum. In the opinion of the physician, the high blood pressure and kidney and bladder trouble cannot be definitely traced to the accident of May 2, 1938, but may have been aggravated by the injuries and shock suffered in the accident. The claim of Mrs. Hannah was later withdrawn by her attorney, with a statement that her injuries were such as to entitle her to a claim of approximately $2,000 and he would proceed to present the claim direct to Congress or the Court of Claims. The accident was investigated and after careful consideration and review of the facts in the case, it was determined that the evidence of record wholly fails to establish that the accident was due to any negligence on the part of the operator of the streetcar. On the contrary, the evidence clearly indicates that the sole and proximate cause of the accident was the negligence of the Government driver in that he failed to yield to the streetcar the right-of-way to which it was entitled, in violation of the applicable motor-vehicle laws of the State of California. It appearing, therefore, that Mrs. Hannah has suffered some damages due to the negligence of the Government driver, the War Department will interpose no objection to the enactment of legislation to recompense her in such amount as the Congress in its discretion may deem proper to allow. Sincerely yours, HARRY H. WOODRING, COMMITTEE ON CLAIMS, House of Representatives, Washington, D. C.: The undersigned, Frances M. Hannah, herewith presents her claim against the United States of America for the sum of $2,000 for personal injuries sustained on date of May 2, 1938, at Fresno, Calif., by reason of being struck by a truck belonging to the United States Civilian Conservation Corps, and in support thereof presents the following: Affidavit of Frances M. Hannah, affidavit of Charlotte S. Buttles, affidavit of A. H. Buttles. Statement of K. W. Butler, M. D., whose signature has been acknowledged by a notary public. Respectfully submitted this 2d day of February 1939. STATE OF CALIFORNIA, County of Madera, ss: FRANCES M. HANNAH. Frances M. Hannah, being first duly sworn, deposes and says: I reside at 909 East Yosemite Avenue, Madera, Calif. On date of May 2, 1938, I was riding in a streetcar operated by the Fresno Traction Co., traveling northerly on Fulton Street in the city of Fresno, Calif., at approximately 5:55 p. m. of said day. The streetcar in which I was riding came to a complete stop before crossing Divisadero Street; the streetcar then proceeded northerly and the front end of said streetcar had just crossed the center line of Divisadero Street when it was struck at the left front portion thereof by an automobile truck belonging to the United States Civilian Conservation Corps. The said truck was going easterly on Divisadero Street at the time of the impact. I was seated at the left front end of the streetcar on a seat running lengthwise with said streetcar with my back toward the truck and did not see said truck until after the impact. I was knocked out of my seat and severely bruised about my back and left shoulder, as a result of which I still suffer considerable pain and am still partially disabled from performing my usual work as a housewife and seamstress. Almost immediately after the accident I lost practically all control of my bladder for a period of over 2 months and while that condition has improved I still suffer therefrom and, according to information obtained from my doctor, K. W. Butler, M. D., of Madera, Calif., it will be necessary for me to have a surgical operation before any permanent relief can be obtained. I am informed and believe that said automobile truck carried license No. 16320 and that it was driven by a man named Gaines W. Lindsey. FRANCES M. HANNAH. Subscribed and sworn to before me this 2d day of February 1939. [SEAL] MASON A. BAILEY, Notary Public. STATE OF CALIFORNIA, County of Fresno, ss: Charlotte S. Buttles, being first duly sworn, deposes and says: I reside at No. 1285 Linden Avenue, Fresno, Calif. On date of May 2, 1938, I was riding on a streetcar operated by the Fresno Traction Co., traveling northerly on Fulton Street in Fresno, Calif., at approximately the hour of 6 p. m. of said day. The streetcar in which I was riding came to a complete stop just before crossing Divisadero Street; the streetcar then proceeded northerly and the front end of said streetcar had just crossed the center line of Divisadero Street when it was struck at the left front portion thereof by a United States Civilian Conservation Corps truck. The said truck was going easterly in Divisadero Street at the time of the impact. The front end of the streetcar was pushed off the track for approximately 2 or 3 feet. Very soon after the impact the operator of the truck drove it away. CHARLOTTE S. BUTTLES. Subscribed and sworn to before me this 29th day of September 1938. [SEAL] L. KENNETH SAY, Notary Public. My commission expires January 29, 1942. STATE OF CALIFORNIA, County of Fresno, ss: A. H. Buttles, being first duly sworn, deposes and says: I reside at No. 1285 Linden Avenue, Fresno, Calif. On date of May 2, 1938, I was riding on a streetcar operated by the Fresno Traction Co., traveling northerly on Fulton Street in Fresno, Calif., at approximately the hour of 5:55 p. m. of said day. The streetcar in which I was riding came to a complete stop just before crossing Divisadero Street; the streetcar then proceeded northerly and the front end of said streetcar had just crossed the center line of Divisadero Street when it was struck at the left front portion thereof by a United States Civilian Conservation Corps truck. The said truck was going easterly on Divisadero Street at the time of the impact. The glass doors in the left front end of the streetcar were broken and the face of the motorman was cut and bleeding, apparently caused by flying glass. The front end of the streetcar was pushed off the track for approximately 2 feet. Very soon after the impact the operator of the truck drove it away. At the time of the accident there was a stop sign located on Divisadero Street at the southwesterly corner of Divisadero Street and Fulton Street in Fresno, Calif. A. H. BUTTLES. Subscribed and sworn to before me this 29th day of September 1938. [SEAL] L. KENNETH SAY, Notary Public. My commission expires January 29, 1942. MADERA, CALIF., January 18, 1939. Re Examination of Mrs. Frances M. Hannah, January 18, 1939. GENTLEMEN: Mrs. Hannah's present complaint is back pain over both sacroiliac synchondroses, soreness over right kidney, constant discomfort over bladder, with frequency of urination. This has been progressively worse the past 2 weeks. Since my last examination on October 6, 1938, she has had only occasional back pain following outdoor activity, such as gardening, but a continuation of frequent urination. General examination is essentially negative except for tenderness on manipulation over sacroiliac regions, tenderness to pressure over right kidney, and tenderness to pressure over bladder. Blood pressure is 170 systolic and 100 diastolic. Uranalysis is negative for sugar and albumin, but shows a moderate number of pus cells. Pelvic examination reveals great bladder tenderness, no enlargement of the uterus. The rectocele and cystocele are in evidence as noted in previous examination. I have suggested taking urinary antiseptics and inserting a pessary to help support the bladder; this was tried following the accident as a temporary measure. The only method that will give permanent relief is an operation for repair of the perineum and bladder with suspension of the uterus to aid in supporting the bladder. As stated before, the accident in which she was involved on May 2, 1938, was definitely the immediate aggravating cause of her frequency of urination and incontinence. She has had her lack of bladder support since childbirth, but previous to the accident she had no urinary frequency or incontinence such as she has had since. X-rays were negative for fracture, but the injury on May 2 undoubtedly contused and strained the pelvic structures so that present back discomfort after activity such as gardening may also be a direct result of the accident. Very truly yours, County of Madera, ss: STATE OF CALIFORNIA, K. W. BUTLER, M. D. On this 2d day of February 1939, before me, Mason A. Bailey, a notary public in and for the county of Madera, State of California, personally appeared K. W. Butler, known to me to be the person whose name is subscribed to the within instrument and he duly acknowledged to me that he executed the same. In witness whereof I have hereunto set my hand and affixed my official seal at my office in the county of Madera, State of California, the day and year in this certificate first above written. [SEAL] My commission expires November 9, 1939. MASON A. BAILEY, Notary Public MADERA, CALIF., October 6, 1938. Re: Injuries to Mrs. Frances M. Hannah, accident May 2, 1938. GENTLEMEN: I first examined Frances M. Hannah on May 9, 1938, following her accident in Fresno on May 2, while riding in a streetcar. At that time she was complaining of steady aching pain in the low back over sacroiliac region, with frequency of urination. She had developed a cough since the accident and this added to her back pain and urinary distress. Physical examination showed tenderness to pressure over outer one-third of left clavicle, pain in the left shoulder joint on lifting the arm, and great tenderness to pressure with pain on motion over left deltoid muscle. There was some subcutaneous ecchymosis over left deltoid muscle which apparently was caused by a contusion to that area. There was pain to pressure and with motion over right and left sacroiliac synchondroses. There were areas of contusion over left buttocks near left sacroiliac joint and extending over sacrum. X-rays of pelvis, left clavicle, and left shoulder joint were taken several days later and were negative for fracture. The pain and stiffness in the back gradually cleared in the space of 3 or 4 weeks. The frequency of urination and cough continued to the point where Frances M. Hannah was unable to control her bladder and urinated small amounts each time she coughed. The urine examination at this time, May 12, was negative for albumin, sugar, or pus. Physical examination revealed a marked cystocele which however, had previously caused her no trouble. A urinary sedative was given and a prescription for the cough. I have not been in accurate contact with this patient but she states that the cough and bladder symptoms continued for about 3 weeks or a total duration of over 1 month, the loss of urinary control disappeared with the cough. She has no symptoms referable to the injury at present except backache following unusual activity in her garden. In conclusion, I might say that in my opinion she would have had no urinary incontinence without a cystocele (which was not caused by the injury), but I feel that the injury should be classed as an aggravating factor, making her more susceptible to (through shock) a cold and cough and the same time causing her lack of bladder support to bring on a dysuria and incontinence which she had not had previous to injury. Very truly yours, K. W. BUTLER, M. D. О |