MRS. EMILY REILY MAY 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. CHENOWETH, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 3549] The Committee on Claims, to whom was referred the bill (H. R. 3549) for the relief of Mrs. Emily Reily, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: At the end of the bill strike out the period and insert the following: : 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 appropriate the sum of $1,000 to Mrs. Emily Reily, of Pleasantville, N. J., in full settlement of all claims against the United States as compensation for personal injuries sustained in Atlantic City, N. J., on February 1, 1943, when a high wind blew the tailboard detached from, and leaning against, a United States Army truck parked in the street onto the sidewalk in the path of Mrs. Reily. STATEMENT OF FACTS It appears that on February 1, 1943, at about 2:30 p. m., an Army truck, operated by an enlisted man on official business, was parked on South Illinois Avenue in Atlantic City, N. J., and its tail gate was removed and placed on the sidewalk. A strong wind was blowing at the time which lifted the tail gate and hurled it into the path of Mrs. Emily Reily, a registered nurse, who was walking on the sidewalk near the parked truck, causing her to stumble and fall. As a result of the fall she sustained two broken bones in her right wrist, ligaments in her left knee were torn, and her right knee was bruised. Mrs. Reily was treated by Dr. Kirk L. Hilliard, of Pleasantville, N. J., who states that she was under his care and that the fractured wrist she sustained healed, but it was necessary that she report periodically for therapy and diathermy treatments, as there was considerable stiffness and pain of the wrist and left knee. Since the accident she has been unable to follow her profession of nursing. As a result of the injuries sustained Mrs. Reily incurred medical expenses in the amount of $60. Subsequent treatments will cost her $2.50 per treatment; the number estimated is not given. The War Department feels that the accident and resulting personal injury of Mrs. Reily were caused solely by the negligence of the Army driver in leaving the tail gate of his vehicle resting on a sidewalk while a strong wind was blowing. They recommend that she be compensated in a reasonable amount for the damages sustained by her. It is believed that an appropriation of $1,000 would be fair and reasonable considering the injuries received and the loss of earnings. Therefore your committee recommend favorable consideration to the proposed legislation. Appended hereto is the report of the War Department, together with other pertinent evidence. WAR DEPARTMENT, Washington, March 30, 1944. Hon. Dan R. McGEHEE, House of Representatives. DEAR MR. MCGEHEE: The War Department interposes no objection to the enactment of H. R. 3549, Seventy-eighth Congress, which would authorize and direct the Secretary of the Treasury to pay "to Mrs. Emily Reily, Pleasantville, New Jersey, the sum of $1,000 * * * in full settlement of all claims of the said Mrs. Emily Reily against the United States for personal injuries sustained in Atlantic City, New Jersey, on February 1, 1943, when a high wind blew the tailboard detached from, and leaning against, a United States Army truck parked in the street onto the sidewalk in the path of the said Mrs. Emily Reily." On February 1, 1943, at about 2:30 p. m., an Army truck, operated by an enlisted man on official business, was parked on South Illinois Avenue in Atlantic City, N. J., and its tail gate was removed and placed on the sidewalk. A strong wind was blowing at the time which lifted the tail gate and hurled it into the path of Mrs. Emily Reily, a registered nurse, who was walking on the sidewalk on South Illinois Avenue near the parked truck, causing her to stumble and fall. As a result of the fall she sustained two broken bones in her right wrist, ligaments in her left knee were torn, and her right knee was bruised. Mrs. Reily in an affidavit dated February 5, 1943, stated "On February 1, 1943, I was walking along Illinois Avenue toward the boardwalk, Atlantic Čity, N. J., in front of the Traymore Hotel. A United States Government truck was parked in front of the hotel, and a strong wind was blowing. As I came opposite the truck, the wind lifted a tail gate from the side of the truck and hurled it in front of me. I stumbled and fell with the gate and fractured two bones in my right wrist and tore the ligaments in my left knee and bruised my right knee. "Since the wind was blowing so strong that day, I think the truck driver was at fault by not placing the gate in the truck out of the path of the wind. * * "My occupation is that of a registered nurse at which my average earnings are $6 per day. My doctor, Dr. Kirk L. Hilliard, Pleasantville, N. J., advises me it will be at least 6 weeks before the splint will be removed from my wrist, and I do not know how long after that it will be before I am able to return to full duty." The Army driver in a statement dated February 5, 1943, stated: "On February 1, 1943 * * * I parked the 11⁄2 ton United States Army truck I was driving on Illinois Avenue in front of the Traymore Hotel. Since this truck was to be unloaded, I removed the tailgate and leaned it against the rear right side of the truck. A strong wind was blowing, but in my opinion, the gate was heavy enough not to fall or be blown over. The gate measured approximately 31⁄2 feet square and is constructed of wood, braced with iron, and weighs approximately 20 pounds. The bottom of the gate, was on the sidewalk and the top against the side of the truck. "I then went into the hotel where I stayed for about 10 minutes; and, therefore, I did not see the accident happen in which the gate fell over and injured a woman pedestrian." Pvt. Daniel J. Lynch, an eyewitness to the accident, in a statement dated February 5, 1943, said: "A United States Army truck was parked a few feet from my post, and the tailboard of the truck was leaning against the rear right side of the truck. A strong wind was blowing. "A woman whose name I do not know was walking along Illinois Avenue toward the boardwalk and as she came close to the truck, a gust of wind toppled the tailboard directly in her path, and she collided with the board, stumbled, and fell. She showed me that her knee and her wrist were hurt. I helped her rise to her feet. There has been submitted to the War Department from Dr. Kirk L. Hilliard, 850 North Main Street, Pleasantville, N. J., a bill dated December 7, 1943, for the treatment of Mrs. Reily in the amount of $55, covering 20 office visits at $2.50 per treatment and $5 for X-rays. In a statement dateď December 7, 1943, Dr. Hilliard said: "Mrs. Reily is still unable to nurse or do any kind of work since accident. "She has been receiving additional treatments, weekly since May 5, that have not been added on the bill." The investigating officer found that the accident was caused by the negligence of the Army driver. He stated in his report that "The driver of the truck was negligent in placing the tailboard in an insecure position, considering the velocity of the wind. * * * "Driver of the truck should reasonably have anticipated that the wind would blow down the tailboard and cause possible injury to passers-by." It is the view of the War Department that the evidence clearly establishes that the accident and resulting personal injury of Mrs. Reily were caused solely by the negligence of the Army driver in leaving the tail gate of his vehicle resting on a sidewalk while a strong wind was blowing, and that under the circumstances Mrs. Reily should be compensated in a reasonable amount for the damages sustained by her. Considering the nature of the injuries sustained by Mrs. Reily, which appear to have resulted in a considerable loss in earnings, it is believed that an appropriation for her relief in the amount of $1,000 would be a fair and reasonable settlement of all the damages sustained by her in this accident. The War Department, therefore, has no objection to the enactment of the bill. The fiscal effect of the bill is manifest. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, HENRY L. STIMSON,. Emily Reily, of full age, being duly sworn according to law, upon her oath says that she has been unable to work, since the date of accident, which was February 1, 1943; that she has been under the care of Dr. Kirk L. Hilliard; that it has been necessary for me to have therapy and diathermy treatments on an average of twice each week at the doctor's office for some time and due to the condition of my kneecap, Dr. Hilliard is of the opinion it will be necessary to continue the treatments periodically. EMILY REILY. Sworn and subscribed to before me this 22d day of April A. D. 1944. My commission expires July 14, 1946. Notary Public. PLEASANTVILLE, N. J., Fearbruy 15, 1944. I, Mrs. Dorothy Riske, loaned Mrs. E. Reily, $50 to pay back rent with. To be paid back at her convenience. Mrs. DOROTHY RISKE, DR. KIRK L. HILLIARD, Pleasantville, N. J., April 19, 1944. Mrs. Emily F. Reily, 15 South Second Street, Pleasantville, N. J., professional services, $80. To Whom It May Concern: DR. KIRK L. HILLIARD, Pleasantville, N. J., April 20, 1944. This is to certify that Mrs. Emily F. Reily is under my care. The fracture of wrist she sustained February 1, 1943, healed, but it is necessary she report periodically for therapy and diathermy treatments, as there is considerable stiffness and pain of wrist and left knee. Since the accident Mrs. Reily has been unable to follow her profession of nursing Congressman ELMER WENE, Washington, D. C. KIRK L. HILLIARD PLEASANTVILLE, N. J., April 22, 1944. DEAR MR. WENE: Received your welcome letter, and very happy over your report. I went to my doctor and got his bill, as well as a letter from him on my condition. I got together everything I thought was needed to help my claim with the committee. I got my rent loan of $50 from my daughter, instead of asking the lodge, as I heard they were not able to help in such a way. She won't push me for its return, but it's at my convenience. I went back with my rent, from March 1, 1943, to April 1, 1944, paying but the $50 on it, leaving a balance of $230 at the sum of $20 a month. I haven't nursed a day since my accident on February 1, 1943, just when I could have nursed steady, due to the shortage of nurses. I am still taking a few more treatments, for my hand is very stiff and my kneecap gives me plenty of pain at times, so doctor thought it best sometime back to keep his treatments up till well. I had been making $6 a day on private duty of 12 hours a day. All nurses are getting more right now; wished I was entirely over this, so I could get back to my work. My loss of work would count from February 1, 1943, to the present day, April 22, 1944. Mr. Wene, if the committee is not willing to pay for all of this, you do the best you can for an early settlement. I thank you very much for all interest you have shown to me. VICTORIA CORMIER MAY 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. ABERNETHY, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 4024] The Committee on Claims, to whom was referred the bill (H. R. 4024) for the relief of Victoria Cormier, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, line 6, strike out the figures "$338" and insert in lieu thereof the figures "$250". The purpose of the proposed legislation is to appropriate the sum of $250, to Mrs. Victoria Cormier, Charlestown, Md., in full settlement of all claims against the United States for injuries sustained, and expenses in connection therewith, as a result of an accident, when a Navy station wagon collided with an automobile in which she was riding, near Charlestown, Md., on July 3, 1943. STATEMENT OF FACTS It appears that on July 3, 1943, at about 9:45 a. m., Mr. Camille Cormier, Wellwood Club, Charlestown, Md., owner and operator of a 1937 Ford sedan, was driving in a northeasterly direction with Mrs. Victoria Cormier, of Charlestown, Md., as a passenger, and about one-half mile east of Charlestown, Md., they approached a sharp curve, and about the same time a United States Navy station wagon was approaching the curve from the opposite direction at an alleged high rate of speed on Mr. Cormier's side of road and due to the obstruction of the curve by weeds the Navy driver failed to see the Ford sedan operated by Mr. Cormier. Mr. Cormier turned sharply to the right but the driver of the Navy station wagon became confused and turned his vehicle to the left instead of the right. The two |