༄་༈་།།. 3. That on the last examination made, on, to wit, January 14, 1943, the said A. L. Rinkenberger complained of pain in left elbow. He complained of being unable to lift with left arm, pain in the wrist and stiffness of the elbow, and that his arm gets tired quickly. 4. That physical examination revealed rigidity and tenderness about the elbow joint; impairment of flexion and extension of elbow; able to flex arm, at elbow, about half way; able to extend arm, at elbow, about half way; difficulty in lifting a weight of 10 pounds without pain. 5. Affiant further states that he examined the X-rays taken on November 6, 1941, of the said A. L. Rinkenberger, which revealed the following: A fracture of the coronoid process of the ulna with some forward displacement of the distal fragment. There is some periosteal tearing of the lower end of the radial side of the humerus. 6. The injuries sustained by the said A. L. Rinkenberger are of a permanent nature and are more particularly as follows: 1. Permanent contracture of left elbow joint, producing impairment of normal movements of elbow as extension and flexion. 2. Permanent impairment of muscle tone of upper left extremity, due to the soft part circulatory disturbances. 3. Permanent muscular atrophy and weakness of muscles, finding their insertion in the region of elbow joint. Further affiant sayeth not. A. D. AKKERON, M. D., Affiant. MARGORIE C. GUERINE, Notary Public. Subscribed and sworn to before me this 15th day of January 1943. STATE OF ILLINOIS, County of Cook, ss: AFFIDAVIT 1. A. F. Akkeron, being first duly sworn upon his oath, deposes and says, that he is a duly licensed and practicing physician and surgeon, in the State of Illinois; that his office is located at 146 Broadway, Melrose Park, Cook County, Ill. 2. This affiant further states he has examined and treated A. L. Rinkenberger for injuries he sustained on November 6, 1941. 3. This affiant further states that he has treated A. L. Rinkenberger up to and including April 5, 1944, the date of his last examination. 4. This affiant further states that on that day A. L. Rinkenberger complained of pain in the left elbow and inability to lift arm; pain in the wrist and stiffness of the elbow. 5. Examination showed an impairment of flexion and extension of elbow; that there was tenderness about the elbow joint and that he is only able to extend the arm about halfway. In lifting, he experiences considerable pain. 6. That the said A. L. Rinkenberger has failed to improve to any further treatment and the injuries are of a permanent nature. 7. This affiant further states that nothing can be done medically to improve or remove the permanent condition, which exists. Further affiant sayeth not. A. F. AKKERON, M. D., Affiant. CHESTER M. CARSON, Notary Public. Subscribed and sworn to before me this 10th day of April A. D. 1944. STATE OF ILLINOIS, County of Cook, ss: AFFIDAVIT 1. I. A. L. Rinkenberger, being first duly sworn upon oath, depose and say that my name is A. L. Rinkenberger. I live at 178 Addision, Elmhurst, Ili. I am a citizen of the United States of America. I am married and live with my I have been a lather contractor 2. On November 6, 1941, at about 1:30 p. m., I was driving a 1938 Plymouth coupe, which was completely destroyed in the accident in question. Riding with me, in the front seat, were John Floering, of Melrose Park and Herbert Nelson, of Bellwood. 3. We were on our way home from work and were proceeding in a northerly direction on State highway, known as Route No. 83, which runs in a northerly and southerly direction in Du Page County, Ill. This highway is a concrete pavement, with two lanes of traffic, one for north-bound and one for south-bound. It is approximately 20 feet wide. 4. We were driving along on the right-hand side of Route No. 83, which was our own side of the road, in compliance with the motor vehicle act, of the State of Illinois, which is as follows: Chapter 95, section 151, paragraph 54. Drive on right side of roadway. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway. at approximately 25 miles per hour. When we arrived at a point about onefourth of a mile south of Lake Street, a Conservation Corps truck, headed in a southerly direction, suddenly drove into the wrong side of the street and crashed into my left front side. At the time we were struck, I was completely on my side of the road. 5. That the place, where the accident occurred, was outside of any incorporated area and the speed limit, at this point, was 35 miles per hour. 6. That I was keeping a proper look-out for traffic in the highway and had no opportunity to avoid the accident, because the driver, of the Conservation Corps truck, turned from behind another truck, without giving any warning or signal of his intention to turn out of his lane of traffic. That I was obeying the laws of the State of Illinois. 7. That the speed laws of the State of Illinois provide that an automobile must be operated at a speed not greater than is reasonable and proper having regard for the traffic and use of the way and so as not to endanger persons rightfully on highways. That I was driving my automobile in conformity with said law. 8. The Conservation Corps truck was driven by Donald Kerr and was filled with members of the Conservation Corps. As I was proceeding along, a convoy of Conservation Corps trucks passed me, going in a southerly direction. When we came to almost the last truck of the convoy, this truck, driven by Donald Kerr, came from behind the truck preceding it and turned into our side of the highway. 9. In this accident my automobile was completely destroyed. I sustained serious personal injuries, which resulted in my being taken to the Elmhurst Hospital and from there home. It was almost impossible for me to get about for almost 4 months after the accident. 10. My left elbow was fractured and I sustained many bad cuts and bruises over my whole body. I suffered a great deal of pain and I now have severe pain in my arm when I lift or bend it. My arm is stiff and becomes very tired when I use it. I cannot lift anything that is heavy, without a great deal of pain. I am sometimes awakened at night, because of pain and tingling in my arm. My arm has no strength and my muscles feel soft and painful. 11. My hospital bill for X-rays was $17.50 and Dr. Lester H. Hills', of Elmhurst, bill was $100. The estimate of repairs, for the damages to my automobile, was $344.94. 12. My right arm is stiff and upon using it, it becomes swollen and very painful. I am now being treated by Dr. A. F. Akkeron, and do not know what my total bill will amount to, as I am still under his care. I suffer considerable pain and I am advised that my injuries and condition are of a permanent nature. 13. At the time of the accident, I was a lather contractor and was earning about $25 per day. I was out of work for 5 months and I lost all of my earnings during that time. My total loss, as a result of this accident, amounts to $2,750. A. L. RINKENBERGER. Subscribed and sworn to before me this 2d day of January 1943. MARGORIE GUERINE. ELMHURST COMMUNITY HOSPITAL, INC., Received of Mr. A. L. Rinkenberger, $17.50. Splint, $7.50; X-ray, right elbow, $5; right hand, $5. Thank you. ELMHURST COMMUNITY HOSPITAL, INC., By M. BYERS. ELMHURST, ILL., September 10, 1942. 1. Lester H. Hills, being first duly sworn upon his oath, deposes and says, that he is duly licensed and practicing physician, in the State of Illinois; that his office is at 116 Cottage Hill Avenue, Elmhurst, Du Page County, Ill. 2. That he knows A. L. Rinkenberger of Elmhust, Ill., and that on November 6, 1941, he was called to treat the said A. L. Rinkenberger. 3. That X-rays of the right arm were taken at the Elmhurst Hospital, which revealed a fracture of the coronoid process of the ulna, with some forward displacement of the distal fragment. X-ray also revealed some periosteal tearing of the lower end of the radial side of the humerus. 4. In addition to the injuries to the right arm, he had an impairment of muscle tone of upper left extremity, due to the soft part circulatory disturbances 5. That Mr. A. L. Rinkenberger also sustained numerous lacerations and bruises over the body and the severity of the blow caused internal injuries and disturbances, which took 3 or 4 months, before said disturbances and injuries cleared up. 6. That during the period of time he was laid up, the condition of the elbow and internal injuries caused him considerable pain. 7. That the injuries to the left elbow joint are of a permanent nature, producing impairment of normal movements of elbow as extension and flexion and there is some muscular atrophy. 8. My bill for services to date is $100. LESTER H. HILLS, Affiant. Subscribed and sworn to before me this 22d day of January 1943. [SEAL] AFFIDAVIT MAURA WHEELER, Notary Public. STATE OF ILLINOIS, -County of Cook, 88: 1. I, John Floering, being first duly sworn upon oath, depose and say that my name is John Floering. I live at 1650 North Fifteenth Avenue, Melrose Park, Cook County, Ill. I am a citizen of the United States of America. I am married and live with my wife and three children at the foregoing address. I am 58 years I have been a lather for approximately 40 years. of age. 2. On November 6, 1941, at about 1:30 p. m., I was a passenger in an automobile, which was being driven by A. L. Rinkenberger, who resides in Elmhurst, Ill. I was sitting in the front seat, to the right of the driver; also sitting in the front seat was Herbert Nelson of Bellwood, Ill. 3. We were on our way home from work and were proceeding in a northerly direction on State highway, known as Route No. 83, which runs in a northerly and southerly direction, in Du Page County, Ill. This highway is a concrete pavement, with two lanes of traffic, one for north-bound and one for south-bound. It is approximately 20 feet wide. 4. We were driving along on the right hand side of Route No. 83, which was our own side of the road, at approximately 25 miles per hour. When we arrived at a point about a quarter of a mile south of Lake Street, a Conservation Corps truck, headed in a southerly direction, suddenly drove into the wrong side of the street and crashed into our left front side. At the time we were struck, we were completely on our side of the road. 5. That the place, where the accident occurred, was outside of any incorporated area and the speed limit, at this point, was 35 miles per hour. 6. That the driver of the automobile, A. L. Rinkenberger, was keeping a proper lookout for traffic in the highway and had no opportunity to avoid the accident, because the driver of the Conservation Corps truck turned from behind another truck without giving any warning or signal of his intention to turn out of his lane of traffic. 7. That I was sitting in the front seat, to the right of the driver, and was obeying the laws of the State of Illinois, insofar as I was concerned, as a passenger; that I had nothing to do with the driving of the automobile and was not giving any directions as to how it was to be operated; that I had no opportunity to warn the driver, because the accident occurred without any warning, or any notice to me. 8. That the speed laws of the State of Illinois provide that an automobile must be operated at a speed not greater than is reasonable and proper having regard for the traffic and use of the way and so as not to endanger persons rightfully on highways. That the automobile, in which I was riding as a passenger, was being driven in conformity with said law. 9. The Conservation Corps truck was driven by Donald Kerr and was filled with members of the Conservation Corps. As we were proceeding along, a convoy of Conservation Corps trucks passed us, going in a southerly direction. When we came to almost the last truck of the convoy, this truck, driven by Donald Kerr, came from behind the truck preceding it and turned into our side of the highway. 10. In the accident, the automobile in. which I was riding was completely destroyed. I sustained serious personal injuries which resulted in my being taken to the Elmhurst Hospital, where I remained for a period of 7 weeks. I was then taken home and convalesced there for a period of 4 months, before I was able to walk with the aid of a cane. 11. My right hip was broken and since that time I have been unable to climb up and down ladders and am unable to follow my occupation, as a lather. My right hip is stiff. I am not able to walk, without the aid of a cane or crutches. My hospital bill was $316 and my doctor bill, for the period that I was in the Elmhurst Hospital, was $125. I was treated by Dr. Kenneth N. Hiatt, of Elmhurst, Ill. 12. That during the time I was in the Elmhurst Hospital, I was in great pain and had to be given opiates for rest and sleep. That after I returned to my home, I was compelled to remain in bed for several months and then was only able to move about, with the aid of crutches. 13. At the present time my right hip is stiff, making it impossible for me to climb steps or ladders; also making it difficult for me to walk in a normal manner. I am unable to walk without the aid of a cane or crutch. 14. I am now being treated by Dr. A. F. Akkeron, and do not know what my total bill will amount to, as I am still under his care. I am still suffering considerable pain and I am advised that my injuries and condition are of a permanent nature. 15. At the time of the accident, I was a lather and was earning about $75 per week. The union scale being $1.70 per hour. I was working 8 to 10 hours per day; that I have lost all of the wages that I could have earned from the time of the accident; that my total loss, as a result of the accident will exceed the sum of $15,000. JOHN FLOERING. Subscribed and sworn to before me this 31st day of December 1942. [SEAL] MARGORIE C. GUERINE, Notary Public. Nov. 6, 1941.-Fracture of right asetabulum; laceration of AFFIDAVIT $125 00 STATE OF ILLINOIS, County of Cook, ss: 1. I, Alfred E. Watts, being first duly sworn upon oath, depose and say, that I am the police magistrate for the city of Elmhurst, Du Page County, Ill. 2. That on the 6th day of November 1941, one Donald Kerr, who was a member of the Conservation Corps, was brought into my courtroom, in connection with an automobile accident which occurred on Route No. 83, about a quarter of a mile south of Lake Street. 3. That the said Donald Kerr, driver of the truck, stated that he was driving the truck in question, at the end of a convoy and that he pulled out of his lane of traffic on the highway and turned into the wrong side of the highway and struck |