RALPH W. COOLEY APRIL 25, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. GOODWIN, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 3464] The Committee on Claims, to whom was referred the bill (H. R. 3464) for the relief of Ralph W. Cooley, 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 figures "$2,000" and insert in lieu thereof the figures "$931.90". Line 7, strike out the word "his".. At the end of the bill strike out the period, and insert in lieu thereof: 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 $931.90 to Ralph W. Cooley, of Providence, R. I., in full settlement of all claims against the United States for personal injuries, medical expenses, and property damage sustained as the result of an automobile accident between the car in which he was riding and a United States Navy truck on September 28, 1942, at Lakewood, Warwick, R. I. STATEMENT OF FACTS It appears that on September 28, 1942, Woodrow P. Edwards, aviation ordnance mate, first class, United States Naval Reserve, attached to the fleet air detachment, naval air station, Quonset Point, R. I., removed a Navy truck from the naval air station without property authority. While driving the truck through Lakewood, Warwick, R. I., he lost control of it and struck the car of Ralph W. Cooley. The Navy driver was arrested by local police authorities on a charge of driving while under the influence of intoxicating liquor. Mr. Cooley stated that he was driving at about 10 miles per hour when he was struck by the Navy truck which was traveling at an unreasonable rate of speed. Dr. Joseph A. Baute, of East Greenwich, R. I., made the following statement on Januay 29, 1944: On September 28, 1942, I saw Mr. Cooley at his home shortly after an accident. At that time, he was in shock and had numerous bruises and abrasions about his body. Subsequently he developed a bursitis of his left knee and was unable to be up and around. The treatment was chiefly rest, therefore his medical expenses were very small. I consider his claim for 1 month total and 2 months partial disability very fair. The Navy Department interposes no objection to the enactment of this legislation in a reasonable amount. Therefore, your committee recommend that Mr. Cooley be paid the sum of $931.90 for personal injuries, medical expenses, and damages to his automobile. The committee recommend favorable consideration to the proposed bill, as amended. Appended hereto is the report of the Navy Department, together with other pertinent evidence. Hon. DAN R. McGEHEE, Chairman of the Committee on Claims, NAVY DEPARTMENT, Washington, January 4, 1944. House of Representatives. MY DEAR MR. CHAIRMAN: The bill, H. R. 3464, for the relief of Ralph W. Cooley was referred to the Navy Department by your committee with request for the opinion of the Navy Department as to its merits. The purpose of the proposed legislation is to pay "to Ralph W. Cooley, of Providence, Rhode Island, the sum of $2,000, in full settlement of all his claims against the United States for personal injuries and property damage sustained by him as a result of an automobile accident which occurred on the 28th day of September 1942, and involved a Government-owned motor vehicle, to wit, Navy truck numbered 24080, operated by a member of the United States Naval Reserve." It appears from the records of the Navy Department that on the date named in the bill Woodrow P. Edwards, aviation ordnance mate, first class, United States Naval Reserve, attached to the fleet air detachment, naval air station, Quonset Point, R. I., removed Navy truck No. 24080 from the naval air station without proper authority. While driving said truck through Lakewood, Warwick, R. I., Edwards lost control thereof and collided with two automobiles, after which the truck careened across a four-lane highway and struck the corner of a cafe and then turned over. Edwards was arrested by local police authorities on a charge of driving while under the influence of intoxicating liquor. Mr. Ralph W. Cooley, the claimant named in the bill, was the owner and operator of a Buick sedan, the first automobile struck by the truck. According to newspaper accounts, he received abrasions of both knees. Under date of December 31, 1942, Mr. Cooley submitted a sworn claim on Standard Form No. 28 for $1,213 for personal injury, and $418.90 property damage. In support of said items he transmitted receipted invoice of Dr. Joseph A. Baute for $13 and an estimate of the Main Street Garage, Inc., East Greenwich, R. I., of repairs to his automobile in the sum of $418.90. A copy of this claim is enclosed, together with copy of letter of the Navy Department of February 26, 1943, advising Mr. Cooley that the Navy Department had no appropriation from which to pay claims for personal injuries but would consider the claim for the property damage on the execution of a release of claims a form of which accompanied said letter. No reply was received to this communication and therefore no action was taken on the claim. The Navy Department has been furnished with no information as to the extent of the personal injuries, which apparently were not very extensive if the only medical bill incurred was in the amount of $13. It therefore appears that on the basis of the doctor's invoice of $13 that $1,213 claimed on Standard Form No. 28 for personal injury is excessive. The items making up the sum of $2,000 claimed in the bill are not shown. The actual losses sustained, as indicated by the information furnished the Navy Department by the claimant, amounted to but $431.90, representing the appraisal of property damage to the automobile at $418.90 and the $13 doctor's bill. In the absence of further evidence, it would appear that the sum of $500 would compensate claimant for his losses. Particular attention is invited to the fact that the operator of the Navy truck was not acting within the scope of his employment at the time and was not engaged in any official duty, having taken the Government vehicle without lawful authority. The cost of the proposed legislation is $2,000. In view of foregoing the Navy Department interposes no objection to the enactment of legislation which would compensate the claimant for property losses and a reasonable amount for personal injury, if any, sustained by resason of the above-mentioned accident. The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation. Sincerely yours, FRANK KNOX. EAST GREENWICH, R. I., January 3, 1944. I hereby certify that on September 28, 1942, at about 9:40 a. m., at corner of Post Road and Warwick Avenue, Warwick, R. I., I had just shifted to high gear at speed of about 10 miles per hour, when my car was struck on left rear by Navy truck travelling at terrific speed, evidently out of control. I suffered severe injuries including sprained back, bruises, injuries to both knees, water on the knees, and shock. Was totally disabled for 1 month and partially disabled 2 months, used cane walking 4 months. My car was ruined, and have been without its use since then. Was brought to my home and Dr. Joseph E. Baute of East Greenwich was called. RALPH W. COOLEY. Subscribed and sworn to before me this 3d day of January 1944. Notary Public. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, REGISTRY OF MOTOR VEHICLES POLICE OR INVESTIGATOR and examINER'S REPORT No. 1 Type of accident: Personal injury; property damage. Name and address of operator: Ralph W. Cooley, 132 Division Street, East Greenwich, R. I. License No.: C-63104; sex, male; age, 61 years; operating experience, 21 years; physical condition, good; mental condition, good. Name and address of owner: Same as above. Registration No. R-9508; make, type, Buick sedan; year made, 1935; condition, good; estimated property loss, $300. Damage: Entire left side, entire front end, left and right front fenders. . No. 2. Parked car Name and address of operator: Abraham H. Abisch, 57 Lorimer Avenue, Providence, R. I. License No. R-184373; sex, male; age, 48; operating experience, 22 years; physical condition, good; mental condition, good. Name and address of owner: Same as above. Registration No.: C-3856; make, type, Pontiac sedan; year made, 1940; condition, good; estimated property loss, $300. Damage: Entire rear end and left side. No. 3 Name and address of operator: Woodrow P. Edwards, Quonset Point Naval Base, United States Navy, Quonset Point Naval Air Station. Sex, male; age, 23 years; operating experience, 7 years; physical condition, under influence, intoxicating liquor. Name and address of owner: United States Navy. Registration No.: 24080; make, type, Chevrolet stake; year made, 1942; condition, good; estimated property loss, $300. Damage: Right front fender, left front spring, right running board, chassis, hood, grille, top of cab, and left front fender. Location of accident: Warwick Avenue, Lakewood, front of pole No. 22 and front of No. 546 Warwick Avenue. Date: September 28, 1942; time, 9:46 a. m.; weather, clear; road surface, concrete, condition of road surface, dry. District: Business, State highway; lighting conditions, daylight; traffic, medium; street width, 38 feet 4 inches. Number of persons killed, none; number of persons injured, two. Arrest, yes; police, Warwick. Miscellaneous comments: No. 1 car was towed to Main Street garage, East Greenwich, at the request of the owner. Base by Navy tow car. Investigation made by Patrolman Navy truck was towed to Quonset Naval Howard T. Moffett, Warwick Police Officers Laycock, McMahon, Izzi; State board inspector, Edward Reavey. INFORMATION RELATIVE TO PERSONS INJURED OR KILLED Name and address: Ralph W. Cooley, 132 Division Street, East Green wich R. I.; age, 61. Nature of injures: Both legs bruised, injured chest. Location of injured: Operator of car No. 1. Name and address: Woodrow P. Edwards, Quonset Point Naval Base; age, 23. Nature of injures: Laceration of nose; no medical attention needed as he was looked over by Dr. Senerchia. Location of injured: Operator, Navy truck. MISCELLANEOUS INFORMATION Ralph W. Cooley was taken to his home by Malcolm Beckman from the scene as he complained of being injured and was vomiting. Stated that he would call in his family doctor for treatment. [This page for story of investigat on summation by investigating officer here] No. 1 operator stated that he was operating north on Warwick Avenue at estimated speed of 10 miles per hour, as he had just shifted into high speed, when suddenly this truck came up behind me at a terrific rate of speed striking my rear left side pushing me into car No. 2. Then the truck continued past me grazing the left side of car No. 2 and then suddenly shot across the road and ran into the building and tipped over. RALPH W. COOLEY. No. 2 operator stated that he was parked in front of Simes Store, 546 Warwick Avenue, Lakewood, and he heard a noise and looked out and saw his car out in the middle of the road and damaged and the truck was across the street tipped over against a building. ABRAHAM H. ABISCH. No. 4 operator stated that his car was parked in front of the cafe and did not see any part of the accident. His car was struck by the sign pole which was struck by the Navy truck. LLOYD F. SECOR. The Navy truck struck the southeast corner of the building at 529 Warwick Avenue, Lakewood. Damage to the building: One plate glass window, 4 by 6 feet, valued at $50. Also struck pole and Neon sign advertising Ballentine Ale demolishing same valued at $300. Also struck another sign on two posts advertising the cafe, demolished, and valued at $25. The above building is owned by Charles Rose of Hartford Avenue, Johnson, and tenanted by J. E. Hopkins of Grand View Street, Providence, R. I. I am of the opinion that speed and liquor was the cause of this accident. Patrolman HOWARD T. MOFFETT. On Tuesday, September 29, 1942, the respondent, Woodrow P. Edwards, stationed at the naval air station, Quonset Point, North Kingstown, was arraigned in the fourth district court at Warwick, pleaded guilty to a charge of operating an automobile while under the influence of intoxicating liquor and was fined $100 and costs. To Whom It May Concern: EAST GREENWICH, R. I., January 29, 1944. On September 28, 1942, I saw Mr. Cooley at his home shortly after an accident. At that time, he was in shock and had numerous bruises and abrasions about his body. Subsequently he developed a bursitis of his left knee and was unable to be up and around. The treatment was chiefly rest, therefore his medical expenses were very small. I consider his claim for I month total and 2 months partial disability very fair. Very truly yours, J. A. BAUTE, M. D., I hereby certify that Ralph W. Cooley, 132 Division Street, East Greenwich. R. I., was totally disabled for 1 month, beginning September 28, 1942, and par tially disabled for 2 months following that. NICHOLAS G. CAPUTI. Subscribed and sworn to before me this 1st day of February A. D. 1944. [SEAL] Notary Public. |