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blood pressure of 120/78 pulse 100. There is a spastic paralysis of the left arm and left leg, several bed sores in the hips and sacrum. No paralysis of the face.
“Taking in consideration the traumatic history of the case, there is a great possibility that the hemiplegia and mental condition of this patient, might be due to the said trauma suffered on December 30, 1942. As it is a well known fact that similar cases have shown at the pathologic examination organized hemore rhages in the brain several months after the original trauma."
On March 29, 1943, Carlos Pérez Aviles filed a claim with the War Department in the amount of $10,000 for personal injuries, medical and hospital expenses, and loss of earnings resulting from the accident. Upon review in the Department the claim was approved on August 4, 1943, in the amount of $235; the aggregate amount of the medical and hospital expenses incurred to April 6, 1943, for settlement under the provisions of the act of July 3, 1943 (Public Law 112, 78th Cong.). However, that part of the claim for damages for personal injury as such, pain and suffering or physical disability, or loss of earnings attributable to the injuries sustained in this accident, could not be approved as there is no statute or appropriation available to the War Department for the administrative settlement of claims of this character. The Department has no information with respect to any medical or hospital expenses incurred by Mr. Carlos Pérez Aviles after April 6, 1943, or the expenses incurred in connection with his burial.
The item of the claim for medical and hospital expenses incurred to April 6, 1943, was approved by the War Department after the death of Mr. Carlos Pérez Aviles but before the Department had been informed of his death. In view of the death of the decedent that item of the claim has not been paid.
On April 26, 1943, Joaquin Castro, manager of the San Jose Drug Store, Camuy, P. R., where Mr. Pérez Aviles was employed at the time he was injured, made the following sworn statement:
“That I am manager of the San Jose Drug Store, Castro Bros., in the municipality of Camuy, P. R.
"That Mr. Carlos Pérez Aviles worked as druggist in this drug store for some time until on December 30, 1942 he suffered an accident in which a vehicle of the Army of the United States collided with a pole and let fall a tent which was carried in said vehicle while Mr. Pérez Aviles passed by along the sidewalk, causing him serious lesions, as a result of which said gentleman had to stay in bed and could not go to work.
"That from the date mentioned, December 30, 1942, Mr. Carlos Pérez Aviles has not reported to his work in this drug store, being sick in bed for the reasons stated.
“That I paid Mr. Pérez Aviles $100 monthly as salary, but as he stopped working on December 30, 1942, and out of gratefulness have continued giving Mr. Pérez Aviles the amount of $50 monthly, as salary, considering he did not work in the drug store although he had an official representation as druggist."
In a subsequent statement Mr. Castro said:
“Mr. Carlos Pérez Aviles was receiving a salary of $50 monthly since the date of the accident up to May 31 date in which he received the last payment and had advised to Mr. Pérez Aviles I cannot continue paying him said sum since the mentioned date because I had obtained the services of another pharmacist.
“Mr. Pérez Aviles was in charge of representing my drug store in his character of pharmacist and his duty in my drug store was that of being always present in the drug store to watch the preparation of receipts and assume the responsibility of the preparatives and expenditure of receipts.
“Mr. Pérez Aviles could have continued receiving the salary of $100 monthly in my drug store, if he had not suffered the accident that disabled him for work, about 15 more years according to my legal knowledge and belief."
The decedent was 72 years of age at the time of his death, and it is asserted that he left surviving as his heirs, a son, Carlos Manual Pérez Silva, age 27, and & granddaughter, Nilda Concepción Ramos Pérez, age 8 years, who are the beneficiaries named in H. R. 3539. The records of the War Department do not disclose whether either of these proposed beneficiaries was in any degree dependent upon the decedent for their support, and no evidence has been furnished showing that they are the only heirs entitled to the estate of the decedent. It appears from the record that Carlos Manuel Pérez Silva is employed as secretary to the mayor of Arecibo. Nilda Concepción Ramos Pérez is the daughter of Ismael Ramos and Concepción Perez Silva, who was a daughter of the deceased.
It is the view of the War Department that the proximate cause of the accident and resulting injury of Mr. Pérez Aviles was the negligence of the Army driver in that before passing through a narrow street he failed to ascertain whether any part of the load carried on his truck was extending beyond the truck in such a manner as to constitute a hazard to persons or property. Obviously no act, negligent or otherwise, on the part of Mr. Pérez Aviles contributed in any way to the injuries sustained by him. The Department, therefore, believes that his estate should be compensated for his death. It appears impossible to determine to what extent his death was a direct result of the injuries sustained by him, but, in this connection Dr. M. A. Astor in his statement of April 29, 1943, hereinbefore quoted, said:
"Taking in consideration the traumatic history of the case, there is a great possibility that the hemiplegia and mental condition of this patient, might be due to the said trauma suffered on December 30, 1942. As it is a well-known fact that similar cases have shown at the pathologic examination organized hemorrhages in the brain several months after the original trauma."
It, therefore, seems reasonable to conclude that the injuries Mr. Pérez Aviles sustained in the accident, if not the sole cause of his death, contributed in a large measure thereto. The amount of the proposed award, $17,000, is excessive. However, the Department would interpose no objection to the enactment of the bill if should be so amended as to authorize the payment to the administrator of the estate of Carlos Pérez Aviles, deceased, of the sum of $5,235 ($235 for medical and hospital expenses incurred by Mr. Pérez Aviles; and $5,000 for his death).
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,
Secretary of War.
In the district court for the judicial district of Arecibo, Puerto Rico, Carlos M.
Pérez Silva, ex parte, Civil No. R-230, declaration of heirs:
Whereas, in this court appeared with a petition under oath Carlos Manuel Pérez Silva through his attorney applying for a decree of declaration of heirs of his father Carlos Pérez Aviles who died in the city of Arecibo, P. R., June 14, 1943, being a widower without having left a will and said deceased left a son named Carlos Manuel Pérez Silva (who is the petitioner) over 21 years of age and also a granddaughter named Nilda Concepción Ramos Pérez (born December 15, 1935) the daughter of Concepción Pérez Silva who died on July 28, 1940, and Ismael Ramos Dominguez who is the father with patria potestas over Nilda Concepción Ramos Pérez.
Whereas all the facts herein referred were duly proved with documents and witnesses in open court.
Wherefore it is now declared that Carlos Pérez Aviles, who died on June 14, 1943, left no will or testament and left as his only heirs his son Carlos Manuel Pérez Silva and his granddaughter Nilda Concepción Ramos Pérez. Arecibo, Puerto Rico, this 20th day of December 1943.
RICARDO AGRAIT ALDEA,
Judge of the District Court of Arecibo, P. R. I do certify that the above is a true copy of the decree in the above captioned case; and on the petition of the party interested I hereby set my hand and the seal of this court at Arecibo, P. Ř., this 22d day of December 1943. (SEAL)
JUAN N. SAECIS, Secretary of the District Court of Arecibo, Puerto Rico.
CLAIM FOR DAMAGER
Date of accident: December 30, 1942. Hour: 1:45 p. m.
Describe how accident happened: While I was waking in the sidewalk one of the trucks of the military convoy stroke a telephone post. The truck bore a small house which felt and stroke me to the floor (sidewalk).
H. Repts., 78–2, vol. 3
Names and addresses and extent of injuries: Carlos Pérez Aviles, Arecibo, P. R. Hard contusions in the chest and other minor contusions in different parts of the body. Also erosions in the occipital region, on the vertex of the head, on the right temporal region, on the right escapular region, in the sternon region and hematoma and erosions in the thigh and left knee.
If medical aid was rendered, state by whom: Yes; Dr. M. A. Astor and Dr.
Name of owner: Military Department of United States, San Juan, P. R.
Carlos PÉREZ AVILES.
A TRANSLATION FROM THE REPORT OF THE LOCAL CHIEF OF POLICE TO THE CHIEF
OF THE INSULAR POLICE Today, December 30, 1942, at 1:45 p. m. in Luis Munoz Rivera Street of Camuy, P. R., a truck, No. U. S. A. 486109, the property of the United States Army and driven by Pvt. Francisco Sánchez Marrero with license No. 83 of the Military Department being attached to Company 265 in Tortuguero, Vega Baja, P. R., struck a telephone post on, account of which strike some of the wires of the telephone service were turned into pieces and Mr. Carlos Pérez Avilés, white, 80 years of age, resident of the city of Camuy, P. R., in San Jose Street of said city of Camuy, suffered contusions in the head, in the chest, and in other parts of his body. From the investigation practiced by the subscriber and the insular police named Alvaro Durán No. 276, it is deduced that through Munoz Rivera Street in this municipality was coming a convoy of the United States Army from east to west, and that said street in its right side in the same direction was occupied by other vehicles which were parking and delivering goods, for which reason the convoy had to run through the left side of the street. As the trucks of the convoy were all bearing small houses made out of wood which occupied the outside of the borders of the trucks, one of the said trucks that was driven by Pvt. Sánchez Marrero passed so near to the telephone post that the roof of the house stroke to the post and the house fell to the sidewalk in the instant that said Carlos Pérez Avilés was passing through the sidewalk and felled him and occasioned the contusions aforesaid for which he was secluded in the clinic of Dr. Susoni at Arecibo, P. R. Lieutenant Amill, officer in charge of the said United States convoy, was present in the moment of the accident and he was duly informed of the same.
CARMELO GONZALEZ, Sergeant Insular Police, Commandant of the District, Camuy, P. R.
May 18, 1944.-Committed to the Committee of the Whole House and ordered
to be printed
Mr. FERNANDEZ, from the Committee on Claims, submitted the
(To accompany H. R. 3595)
The Committee on Claims, to whom was referred the bill (H. R. 3595) for the relief of Robert Futterman, 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 7, strike out the words "his claim" and insert in lieu thereof the words "all claims".
The purpose of the proposed legislation is to appropriate the sum of $448 to Robert Futterman, of Springfield, Mass., in full settlement of all claims against the United States for property damage to his car when it was struck by a Government car operated in connection with the United States Army at Bradley Field, Windsor Locks, Conn., on January 16, 1943.
STATEMENT OF FACTS
It appears that on January 16, 1943, at about 8:45 p. m., an Army reconnaisance car operated by a private who had taken the vehicle without authority and for a personal mission, was proceeding north on Palisade Avenue in Windsor, Conn., at a speed of at least 35 miles per hour. A civilian was riding in the car as a passenger. It was dark and clear and the pavement was glazed with ice and very slippery. the same time a 1937 Chevrolet sedan, owned and operated by Robert Futterman, of Springfield, Mass., in which three soldiers were riding as passengers, was proceeding south on the same street on its proper side of the center line of the pavement at a speed of 25 to 30 miles per hour. As the two vehicles approached each other, the Army vehicle began to skid, and, sliding 83 feet, crashed into the side of Mr. Futterman's automobile. Mr. Futterman tried to avoid the collision by
applying his brakes and driving as far as possible to the right, but was unable to do so, and his car was shoved into the guardrail bordering the right-hand side of the road.
As a result of the accident Mr. Futterman's automobile was damaged beyond economical repair. The Army driver and his passenger were thrown clear of the vehicle and the passenger sustained minor injuries. Neither the Army driver nor any one of the occupants of the civilian automobile appears to have been injured.
In the War Department report of March 18, 1944, it states: “The evidence of record does not disclose the manner in which the Army driver obtained possession of the reconnaissance car, or whether the unauthorized use of such vehicle was facilitated by negligence on the part of responsible military personnel. The Claims officer found that the accident was not due to any fault or negligence on the part of Mr. Futterman, but was caused wholly by the negligence of the Army driver. In his report the Claims officer stated further, 'The Government driver is responsible for the accident since he was driving at an excessive rate of speed on an icy road and skidded into the private vehicle which was coming along on the other side of the road.'
Mr. Futterman's car had a reasonable value of $475 before the accident, and was sold for salvage afterward for $50. At the time of the sale a towing charge was incurred in the sum of $23. It appears that Mr. Futterman sustained a net loss by reason of the damage to his car in the amount of $448.
Since without a doubt the responsibility lies wholly on the part of the Government driver even though he was using the Government vehicle on an unauthorized mission, the committee feel that Mr. Futterman should be compensated for the damage to his car. Therefore, your committee recommend favorable consideration to the proposed bill.
Appended hereto is the report of the War Department, together with other pertinent evidence.
Washington, March 18, 1944. Hon. Dan R. McGEHEE,
Chairman, Committee on Claims, House of Representatives. DEAR MR. McGEHEE: The War Department is opposed to the enactment of H. R. 3595, Seventy-eighth Congress, which would authorize and direct the Secretary of the Treasury to pay "to Robert Futterman, of Springfield, Hampden County, Massachusetts,
the sum of $448, in full satisfaction of his claim against the United States arising from property damage suffered when the car which he was driving was struck by a Government car operated in connection with the United States Army at Bradley Field, Windsor Locks, Connecticut, in Windsor, Connecticut, on January 16, 1943."
On January 16, 1943, at about 8:45 p. m., an Army reconnaissance car operated by Pvt. Norman D. Stricklin, One Thousand and Ninety-first Ordnance Co. (Avn.), Bradley Field, Conn., who had taken the vehicle without authority and for a personal mission, was proceeding north on Palisade Avenue in Windsor, Conn., at a speed of at least 35 miles per hour. A civilian was riding in the car as a passenger. It was dark and clear and the pavement was glazed with ice and very slippery. At the same time a 1937 Chevrolet sedan, owned and operated by Robert Futterman, of 290 Oakland Street, Springfield, Mass., in which three soldiers were riding as passengers, was proceeding south on the same street on its proper side of the center line of the pavement at a speed of 25 to 30 miles per hour. As the two vehicles approached each other, the Army vehicle began to skid, and, sliding 83 feet, crashed into the side of Mr. Futterman's automobile.