VERDIE BARKER AND FRED WALTER

JULY 1, 1940.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

[To accompany H. R. 5053]

The Committee on Claims, to whom was referred the bill (H. R. 5053) for the relief of Fred Walter, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Strike out all the language of the bill after the enacting clause and insert in lieu thereof the following:

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 Verdie Barker, of Bloomingdale, Jefferson County, Ohio, the sum of $5,000, and to Fred Walter, of Richmond, Jefferson County, Ohio, the sum of $500, in full settlement of all claims against the United States for personal injuries sustained by them on November 21, 1937, when the truck in which they were riding was struck by a United States Department of Interior truck numbered 6458, assigned to Civilian Conservation Corps Company 580, Camp SP-9, Broadacre, Ohio; 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 of 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.

Amend the title of the bill to read:

For the relief of Verdie Barker and Fred Walter.

The purpose of the proposed legislation is to pay to Verdie Barker, of Bloomingdale, Jackson County, Ohio, the sum of $5,000, and to Fred Walter, of Richmond, Jackson County, Ohio, the sum of $500 in full settlement of all claims against the United States for personal injuries sustained by them on November 21, 1937, when the truck in which they were riding was struck by a United States Department of Interior truck No. 6458, assigned to Civilian Conservation Corps Company 580, Camp SP-9, Broadacre, Ohio.

STATEMENT OF FACTS

Shortly after 9 o'clock on the morning of November 21, 1937, a Government truck on official business, operated in connection with the Civilian Conservation Corps activities of the War Department, was proceeding in a southeasterly direction, upgrade, around a right curve (for the Government driver), on State Highway No. 43, near Richmond, Ohio, at a speed of between 20 and 25 miles per hour.

At this time a truck owned and operated by Verdie C. Barker, in which Fred E. Walter was a passenger, was proceeding in the opposite direction on the same highway, at a low rate of speed. There were patches of snow on the road, which made it slippery in places. After the Government truck reached the crest of the hill, the rear of the vehicle began to skid toward the left side of the road. Mr. Barker saw the Government truck skidding into his right-of-way and drove his truck to the extreme right side of the road in an attempt to avoid a collision, but the rear of the Government vehicle skidded into Mr. Barker's truck, causing both Mr. Barker and Mr. Walter to be injured.

Mr. Walter and Mr. Barker both submitted claims to the War Department, as a result of which Mr. Walter received $65 for medical and hospital expenses and Mr. Barker received $50 for property damage and $181.51 for medical and hospital expenses. It was the opinion of the War Department that the proximate cause of the accident was the negligence of the driver of the Government vehicle in that due to proceeding at an excessive rate of speed under existing weather conditions he was unable to maintain proper control of the vehicle so as to prevent it from skiding over the center and onto the wrong side of the road into the right-of-way of Mr. Barker's truck.

Mr. Walter received a laceration of the upper left eyelid; fracture superior maxilla, right side, in lower orbital edge; contusion, lumbar, spine; and a cerebral concussion. Mr. Walter was employed as a rigger by the Weirton Steel Co., and earned $1.01 per hour. As a result of his injury he lost 8 days' work and suffered severe pain. He did not for some time after the accident have the full use of his jaw (which had been broken). The nerves in the left side of his face have been affected to such an extent that he no longer has any feeling in same, and his left eye has also been affected, these two latter injuries being of a permanent nature. Your committee after careful consideration recommends the payment of the sum of $500 to Mr. Walter in full settlement of his claim against the United States for personal injuries.

Mr. Verdie Barker received contusions of the right knee and right shoulder; fractures of the sixth, seventh, and eighth ribs, left chest; contusions of the left side of the neck; stretching of the ulnar nerve; and linear fracture of the skull in the left temporal fossae. As a result of this skull injury the brain covering (meninges) has been placed against the brain in such a manner that the only possible relief for Mr. Barker is a very dangerous operation (pneumomeningolysis). Prior to his injury, Mr. Barker was also a steel rigger and earned $1 per hour. He was injured on November 21, 1937, and is still at this time and will continue indefinitely to be 100 percent disabled for his former employment. Mr. Barker is 15 percent disabled for common labor work and suffers intense pain and dizziness

He is a married

when he attempts to perform this type of work. man with seven children to support, and prior to his injury he provided for them in a better than average manner. Since his accident, Mr. Barker and his family have been dependent upon the charity of friends and organized relief for their livelihood. For Mr. Barker's severe pain and suffering, and loss of earning power your committee recommend payment of the sum of $5,000 in full settlement of all his claims against the United States.

The War Department has no objection to the enactment of the proposed Igislation, it being the view of that Department that these men have suffered personal injuries for which they have not been compensated as a result of the accident and through the negligence of the driver of the Government vehicle.

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

Hon. AMBROSE J. KENNEDY,

Chairman, Committee on Claims,

War DepartMENT, Washington, July 21, 1939.

House of Representatives, Washington, D. C.

DEAR MR. KENNEDY: Careful consideration has been given to the bill (H. R. 5053, 76th Cong., 1st sess.) for the relief of Fred Walter, and bill (H. R. 5054, 76th Cong., 1st sess.) for the relief of Verdie Barker, which you transmitted to the Department of the Interior under date of June 14, 1939, with request for information and views relative thereto, and which, in turn, were referred to the War Department, as the claims in question originated as a result of a collision involving a Government-owned truck under the jurisdiction of the War Department.

The purpose of the proposed legislation is to pay to Fred Walter, of Richmond, Jefferson County, Ohio, the sum of $7,500 in full satisfaction of all claims against the United States for injuries sustained by him when struck by a Government truck, operated in connection with the Civilian Conservation Corps, on State Highway No. 43, near Richmond, Ohio, on November 21, 1937; and to pay Verdie Barker, of Bloomingdale, Jefferson County, Ohio, the sum of $7,500 in full satisfaction of all claims against the United States for injuries sustained by him in the same accident.

On November 21, 1937, at about 9:17 a. m., a Government truck on official business, operated in connection with the Civilian Conservation Corps activities of the War Department, was proceeding in a southeasterly direction, upgrade, around a right curve (for the Government driver), on State Highway No. 43, near Richmond, Ohio, at a speed of between 20 and 25 miles per hour. At this moment, a truck owned and operated by Mr. Verdie C. Barker, in which Mr. Fred Elmer Walter was a passenger, was proceeding in the opposite direction on the same highway, at an undetermined speed. There were patches of snow on the road, making it slippery at places. As the Government truck reached the crest of the hill, the rear of the vehicle began to skid toward the Government driver's left side of the road. Mr. Barker observed the Government vehicle skidding into his right-of-way and drove to his extreme right side of the road in an attempt to avoid a collision, but the rear of the Government vehicle skidded into Mr. Barker's truck, Mr. Walter and Mr. Barker thereby sustaining the injuries complained of. Mr. Walter's physician, under date of June 10, 1938, testified that Mr. Walter was brought to him on November 21, 1937, suffering with laceration of the upper left eyelid; fracture superior maxilla, right side, in lower orbital edge; contusion, lumbar, spine; and a mild cerebral concussion. He stated that there was no way of determining the percentage of disability that Mr. Walter then had, but that his (Mr. Walter's) condition caused by the injury had reduced his earning capacity considerably. A medical officer of the Army, after a physical examination of Mr. Walter on June 16, 1938, expressed the opinion that Mr. Walter was able to return to the same type of work that he did prior to his injury. A report from the company by which Mr. Walter was formerly employed shows that he was examined on June 13, 1938, and was found to be in fit physical condition to carry on his normal duties.

Mr. Barker's physician, under date of April 28, 1938, testified that the injuries sustained by Mr. Barker were contusions of the right knee and right shoulder; fractures of the sixth, seventh, and eighth ribs, left chest; contusions of the left side of neck; stretching of the ulnar nerve; and linear fracture of the skull in the left temporal fossae. The contusions were all elementary, and of no consequence, having healed practically completely by the time Mr. Barker was released from the hospital on November 24, 1937. The physician, who is a brain specialist, expressed the opinion that as a result of the accident, the brain covering (meninges) has been placed against the brain in such a manner that the only possible relief for Mr. Barker is a very dangerous operation (pneumomeningolysis). A board of officers, on July 20, 1938, after securing testimony by two medical officers of the army, found that Mr. Barker had a 100 percent disability for his regular occupation as a steel rigger, which disability had existed for 8 months and would probably continue indefinitely, and that Mr. Barker had a disability of 10 to 15 percent for common labor, which disability had existed for 8 months and would probably continue indefinitely.

As a result of the accident, Mr. Walter presented a claim to the War Department in the amount of $2,065 for personal injuries. To substantiate his claim he presented hospital and medical bills totaling $65. Mr. Barker presented a claim to the War Department in the amounts of $7,500 for personal injuries and $319 for property damage. To substantiate his claim he presented hospital and medical bills totaling $181.50 and repair bill of $319, of which he paid $50 and the insurance company, $269.

These claims were investigated by the War Department and after careful consideration and review of the facts in the case it was determined that the proximate cause of the accident was the negligence of the driver of the Government vehicle in that, due to proceeding at an excessive rate of speed under existing conditions, he was unable to maintain proper control of the Government vehicle so as to prevent it from skidding over the center or onto the wrong side of the road into the right-of-way of Mr. Barker's truck.

Mr. Barker's claim, insofar as it covered $50 for property damage and $181.50 for medical and hospital expenses, was approved, and he was paid in the amount of $231.50 on December 20, 1938. Mr. Walter's claim, insofar as it covered $65 for medical and hospital expenses, was approved, and he was paid in the amount of $65 on October 14, 1938. With respect to the claims for personal injuries, both Mr. Barker and Mr. Walter were informed that such claims, over and above necessary medical and hospital expenses, were necessarily disapproved for the reason that there is no authority of law or appropriation available to the War Department for the consideration or settlement of claims of this nature.

It appears from the above that Mr. Walter and Mr. Barker have suffered some personal injuries for which they have not been compensated as a result of the accident and through the negligence of the driver of the Government vehicle. While the War Department is not prepared to determine the precise degree of the injuries sustained or the amount that should be allowed under the circumstances, it will interpose no objection to enactment of legislation to compensate Mr. Walter and Mr. Barker for the injuries they received, in such amount as the Congress, in its discretion, may deem proper to allow.

Sincerely yours,

HARRY H. WOODRING, Secretary of War.

STATE OF OHIO,

Jefferson County, 88:

Fred Walters, Richmond, Ohio, being first duly sworn, upon his oath deposes and says that prior to the 21st day of November 1937 he was employed by the Weirton Steel Co. of Weirton, W. Va., as a rigger in the construction department of said company, and had been so employed for a period of approximately 3 years prior to the accident complained of. That on or about the 21st day of November 1937 while he was a guest in a motor vehicle owned and operated by one Verdie Barker, which motor vehicle was in a collision with a truck owned and operated by the Federal Government, he sustained the following injuries: Laceration of upper left eyelid, fracture of the superior maxilla right side into the lower orbital edge, contusion of the lumbar spine, and mild cerebral concussion.

Affiant further says that he incurred the following medical expenses and a claim for said medical expenses has been duly filed by him and allowed by the Department of War: Dr. Harrington, $50, and Dr. Miller, X-ray, $15.

Affiant further says that he lost 8 days of working time at the rate of $1.01 per hour.

Affiant further says that he suffered much pain and inconvenience as a result of his broken jaw, and it was some time after his return to his former employment as a rigger before he had the full use of said jaw.

Affiant further says that the nerves in the left side of his face have been affected to such an extent that he no longer has any feeling therein, and claims a permanent disability.

Affiant further says that his left eye has also been affected as a result of injuries sustained in the above-mentioned auto collision, which injury is of a permanent

nature.

Further affiant saith not.

FRED WALLERS.

Sworn to before me and subscribed in my presence this 16th day of February A. D. 1940.

[SEAL]

MARTHA L. SCOTT, Notary Public.

STEUBENVILLE, OHIO.

Fred Walters, age 45 years, Richmond, Ohio; injured November 21, 1937; reexamination February 9, 1940

This man has made, insofar as his accident on November 21, 1937, a practically complete recovery. He does complain of symptoms but these are not referable to injury at that time, but are due to a later injury suffered when he was struck on side of head with a hook from a block which broke loose while he was rigging for the Weirton Steel Co., Weirton, W. Va., since the time of this accident of November 21, 1937.

I would consider Mr. Walters a complete recovery.

F. B. HARRINGTON, M. D.

AFFIDAVIT

STATE OF OHIO,

Jefferson County, 88:

F. B. Harrington, being first duly sworn, upon his oath deposes and says that he is a practicing surgeon and physician in Steubenville, Jefferson County, Ohio; and that on or about the 21st day of November 1937 he commenced the treatment of Fred Walters as such surgeon and physician; and that said person has been under his care and treatment off and on ever since said date; and that the foregoing statement is hereby incorporated by reference as a part of this affidavit, and constitutes a full and complete statement of the history and present physical condition of said Fred Walters, together with a statement of the amount now due affiant for medical services; and the facts, matters, and things therein are true as he verily believes.

Further affiant sayeth not.

F. B. HARRINGTON, M. D.

Sworn to and subscribed before me, the undersigned authority within and for said county and State, this 26th day of February 1940.

[SEAL]

PAULINE E. MENDENHALL,
Notary Public.

STEUBENVILLE, OHIO.

Verdie C. Barker, age 42 years, Rural Route 2, Bloomingdale, Ohio; injured November 21, 1937; reexamination February 2, 1940.

Present complaints.-Man has some numbness in his second and ring fingers of left hand most all the time. The hand and forearm has numbness in the morning and has to massage it to get started. After using hand in handling a hoe or other implement for 3 to 4 hours the loss of sensation is quite marked and hand will then start shaking. Has inability to sleep on left shoulder ever since time of injury. Says that he has been told he has two small hernia. At times when riding along in an automobile when someone else is driving and he is watching out the side, he will get periods of dizziness and things will almost go black. He has headaches practically all the time with a tender area at upper edge of right temporal muscle just about 3 inches above the tip of right ear.