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WAR DEPARTMENT,

Washington, D. C., April 6, 1944. Hon. Dan R. McGEHEE,

Chairman, Committee on Claims, House of Representalives. DEAR MR. McGEHEE: The War Department has no objection to the enactment of H. R. 2873, Seventy-eighth Congress, which would authorize and direct the Secretary of the Treasury to pay to D. F. Still, of Ninnekah, Okla., the sum of $250, and to Mrs. D. F. Still, of Ninnekah, Okla., the sum of $1,000, in full satisfaction of their respective claims for compensation for personal injuries listained by them and medical expenses incurred by them as the result of an accident which occurred when their automobile was struck by a United States Army vehicle near Chickasha, Okla., on January 15, 1943.

There is no material conflict in the evidence concerning the circumstances surounding this accident. On January 15, 1943, at about 9:45 a. m., a 27-ton Army ruck, operated by an enlisted man on official business, was towing another ruck, and traveling in an Army convoy in a southerly direction on United States Highway No. 81 at a speed of about 25 miles per hour, approaching the intersection of United States Highway No. 81 with United States Highway No. 277. At the same time a 1939 Ford sedan, owned by D. F. Still, of Ninnekah, Okla., operated by his wife, Mrs. D. F. Still, and in which Mr. Still and Mr. J. C. Drewry were riding as passengers, was proceeding east on United States Highway No. 277, approaching the same intersection. The weather was clear and visibility was good A sign was placed at the intersection requiring traffic on Highway No. 277 to stop before entering Highway No. 81, and the civilian driver, before entering the intersection came to a complete stop in obedience to this sign. While the civilian vehicle was so stopped, the Army truck involved in the accident made a right turn from Highway No. 81 into Highway No. 277, rounding the curve either on or near the center of the highway. The leading truck cleared the parked civilian vehicle, but the truck which was being towed swung to the left of the center of the highway and crashed into the left side of the civilian vehicle. result of the accident the civilian vehicle was damaged beyond repair and all of its occupants sustained personal injuries. They were taken to the Chickasha Hospital, Chick Okla., for treatment.

On February 4, 1943, Dr. Turner Bynum, of the Chickasha Hospital, made the following statement regarding the personal injuries sustained by Mrs. D. F. Still:

"She had a laceration about 4 inches in length and extending down to the skull, beginning at the inner angle of the left eye and extending up and to the right across the left brow. She was restless, irrational, and stated that she had been unconscious for a short while following the blow on her head. She also had a palm-sized superficial abrasion of her left thigh, but it was not felt that this was of any serious nature. Her blood pressure was 124/70, her pulse was 76, and her temperature was 98 degrees. Her physical examination was otherwise not remarkable.

"X-ray of her skull revealed an irregular linear fracture about 4 inches in length, extending horizontally across the frontal bone and extending into the frontoparietal bone. The laceration on her forehead was sutured, and she was placed in the hospital for observation, where she remained for 15 days.

“During her stay in the hospital she had no untoward symptoms and on her dismissal from the hospital was apparently in very good condition. However, she was advised to remain at home in bed at absolute rest for an additional 10 days."

Second Lt. Leonard Battipaglia, the officer who investigated the accident, interviewed Mrs. Still on March 14, 1943, and made the following report.

Cora Alice Still (Mrs. D. F. Still) seemed to be in a normal condition with the exception of a pronounced scar across the bridge of her nose extending into her left eyebrow. It has the appearance of being a permanent scar.”

Mrs. Still was examined by Capt. Fred J. Perry, Medical Corps, at the station hospital, Will Rogers Field, Okla., who submitted the following report on July 29, 1943:

“Mrs. Still was found to have a small healed scar, about three-quarters inch long, at the junction of her nose and forehead. This she claims was sustained at the time of the accident. Mrs. Still was found to be a highly nervous, emotionally unstable type of individual. No other pathology was found. The heart was normal, as was her pulse. No deformities nor impairment of any members of her body were demonstrable. No pelvic examination was done."

On February 4, 1943, Dr. D. S. Downey, of the Chickasha Hospital, made the following statement regarding the personal injuries sustained by D. F. Still in the accident:

“Mr. Floyd (D. F.) Still came into the hospital on January 15, 1943, with a severe laceration of the left ear which he said he sustained in an automobile accident. The cartilage was cut through, extending from the outer border through to the scalp, the cartilage being torn from the base of the skull. I cleansed and sutured the wound and he returned about five times for dressings. He will have some permanent disfigurement due to the scar and a slight drooping of the ear. His general condition is good and the last time I saw him his wound had almost completely healed.”

After examining Mr. Still on July 27, 1943, Capt. Fred J. Perry, Medical Corps, stated that

“Mr. Still was found to have a healed scar, anterio-posteriorly, entirely across the mid-portion of this left outer ear. Also, a small healed scar at the junction of his left ear to the side of his head. The top of the left ear is about one-quarter to one-half inch lower than the right, because of the scar. No other complaints. Hearing equal in both ears. No other deformities nor gross pathology present."

The evidence shows that Mr. and Mrs. Still were treated by the staff of the Chickasha Hospital, and that they incurred the following medical and hospital expenses: Chickasha Hospital (for D. F. Still)

$22, 50 Chickasha Hospital (for Mrs. D. F. Still).

128. 00 The records of the War Department contain a statement from Troy Stogsdill of the Melton Motors, Inc., Chickasha, Okla., that a 1939 Standard Tudor sedan (similar to that of Mr. Still) in average condition would have a value of $475. Mr. Still's automobile was so badly damaged that it was sold for salvage to McKee Bros. Auto Salvage, Chickasha, for $65. The property damage sustained by Mr. Still as a result of this accident, therefore, may be fairly appraised at $410.

At the time of the accident D. F. Still was 35 years of age and Mrs. D. F. Still was 27 years of age.

In addition to his wife, two minor children were dependent upon Mr. Still for their support.

Înasmuch as the evidence clearly establishes that the accident was not caused by any fault or negligence on the part of the driver of the civilian vehicle or either of her passengers, but was caused solely by the negligence of the Army driver in making a turn at an intersection at such a speed that he was unable to control the vehicle which he was towing and prevent it from crossing the center of the highway and crashing into another vehicle lawfully stopped in its proper lane of traffic, it is the view of the War Department that Mr. and Mrs. Still should be reasonably compensated for the property damage and personal injuries sustained by them. The proposed award of $250 to Mr. Still for personal injuries ($22.50 for medical and hospital expenses and $227.50 for personal injuries) and the proposed award of $1,000 to Mrs. Still for personal injuries ($128 for medical and hospital expenses and $872 for personal injuries) appear to be fair and reasonable. However, in view of the fact that Mr. Still also sustained property damage in the amount of $410 it is suggested that H. R. 2873 be amended by striking out everything after the words “sum of” on line 6, page 1, of the bill, and before the word “Provided" on line 1. page 2, of the bill, and inserting in lieu thereof the following: "$660, and to Mrs. D. F. Still, of Ninnekah, Oklahoma, the sum of $1,000, in full satisfaction of their respective claims against the United States for compensation for property damage and personal injuries sustained by them and medical and hospital expenses incurred by them as a result of an accident which occurred when the automobile in which they were riding was struck by a United States Army truck near Chickasha, Oklahoma, on January 15, 1943:".

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

THE CHICKASHA HOSPITAL,

Chickasha, Okla., April 8, 1948. Re Mrs. Floyd Still. Hon. JED JOHNSON, M. C.,

House of Representatives, Washington, D. C. DEAR SIR: Mrs. Floyd Still was brought to the hospital about 10 a, m, of January 15, 1943, with the history of having been in an automobile accident south of Chickasha. She had a laceration about 4 inches in length and extending down to the skull, beginning at the inner angle of the left eye and extending up and to the right across the left brow. She was restless, irrational, and stated that she had been unconscious for a short while following the blow on her head. She also had a palm-sized superficial abrasion of her left thigh but it was not felt that this was of any serious nature. Her blood pressure was 124/70, her pulse was 76, and her temperature was 98o. Her physical examination was otherwise not remarkable.

X-ray of her skull revealed an irregular linear fracture about 4 inches in length, extending horizontally across the frontal bone and extending into the frontoparietal bone. The laceration on her forehead was sutured and she was placed in the hospital for observation where she remained for 15 days.

During her stay in the hospital she had no untoward symptoms and on her dismissal from the hospital was apparently in very good condition. However, she was advised to remain at home in bed at absolute rest for an additional 10 days. Very truly yours,

TURNER BYNUM, M. D.

THE CHICKASHA HOSPITAL,

Chickasha, Okla., April 3, 1943. Re Floyd Still. Hon. JED JOHNSON, M. C., House of Representatives,

Washington, D. C. DEAR SIR: Mr. Floyd Still came into the hospital on January 15, 1943, with a severe laceration of the left ear which he said he sustained in an automobile accident. The cartilage was cut through, extending from the outer border through to the scalp, the cartilage being torn from the base of the skull. I cleansed and sutured the wound and he returned about five times for dressings. He will have some permanent disfigurement due to the scar and a slight drooping of the ear. His general condition is good and the last time I saw him his wound had almost completely healed. Very truly yours,

D. S. Downey, M. D.

$3 15 45

60

Mrs. FLOYD STILL,
Ninnekah, Okla.

In account with the ChickASHA HOSPITAL, Chickasha, Okla.
Jan. 15, 1943:

Brown Funeral Home, ambulance.
Sutured, 2 10 by 12 X-rays.

Professional..
Jan. 30, 1943:

Hospitalization..-
Medicine and laboratory -

Total..
Mr. FLOYD STILL,
Ninnekah, Okla.

In account with the Chickasha HOSPITAL, Chickasha, Okla.
Jan. 15, 1943:

Examination and sutured..
10 by 12 X-ray---

Total...

128

$15.00

7. 50

22. 50

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78th CONGRESS | HOUSE OF REPRESENTATIVES

2d Session

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REPORT No. 1478

JOSEPHINE GUIDONI

May 22, 1944.-Committed to the Committee of the Whole House and ordered

to be printed

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

REPORT

[To accompany H. R. 3636)

The Committee on Claims, to whom was referred the bill (H. R. 3636) for the relief of Josephine Guidoni, 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 12, after the period, 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 $5,491.51 to Josephine Guidoni, of Fresno, Calif., in full settlement of all claims against the United States on account of the death of her husband, Guilio Guidoni, who lost his life on April 22, 1943, when the truck which he was driving was struck by a United States Army ambulance on Belmont Avenue at or near the intersection of Maple Avenue, in Fresno, Calif.

STATEMENT OF FACTS

It appears that on April 22, 1943, at about 9:15 a. m., an Army ambulance operated by an enlisted man, on official business, was proceeding south on Maple Avenue, in Fresno, Calif., at a speed of about 35 miles per hour and approaching the intersection of Maple and Belmont Avenues. A patient (an enlisted man) was being carried in the ambulance, but it was not an emergency run. “Stop” signs posted at the north and south sides of the intersection required traffic on Maple Avenue to stop before entering the intersection. There were no buildings or other obstructions to the view of approaching

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