is impaction dorsally resulting in dorsal tilting of the plane of the radial joint surface. "January 26, 1942: (Left femur.) When compared with the films of January 23, 1942, there has been marked reduction in the overriding of the fragments. This overriding is now approximately 0.5 to 1 cm. The distal fragment is displaced posteriorly the diameter of the bone. There is approximately 18° of posterior angulation and about 13° of medial angulation. "January 26, 1942: (Left wrist.) When compared with the film of January 23, 1942, there has been partial correction of the angulation of the radial fragments. The present film shows only slight dorsal tilting of the plane of the radial joint surface. The fragments are not appreciably displaced. "January 30, 1942: (Left shoulder.) There is a fracture of the scapula extending from the superior border near the junction of the medial with the middle third caudad and laterally to the axillary border about 2 cm. below the glenoid. The fragments are without notable separation or displacement. There is some small fragmentation along the line of fracture. Another fracture line extends vertically downward from the middle of the above-described fracture, disappearing in the central portion of the fracture. These fragments are without appreciable separation. "February 27, 1942: (Left femur.) When compared with the film of February 10, 1942, there has been no appreciable change other than slight lateral angulation not formerly apparent. April 7, 1942: (Left femur.) When compared with the film of February 10, 1942, there has been no change in the position of the fragments nor of the T. and G. bone plate. The fragments are without appreciable separation or displacement." There is some motion about the plate which gives me the impression that the plate is loose, slightly in situ. Opinion. This man is partially disabled and will be for the rest of his life. EDWIN HODGE Crabtree, M. D. Subscribed and sworn to before me this 23d day of December 1943. [SEAL] FRANK POMERANZ, Notary Public in and for Said County and State. My commission expires February 1, 1947. AFFIDAVIT OF JACK V. DYER, REGARDING ACCIDENT AT SAN DIEGO, Calif., on JANUARY 23, 1942 STATE OF CALIFORNIA, County of San Diego, ss: Jack V, Dyer, being first duly sworn, deposes and says: That I am 35 years of age, residing at 4451 Mentone Street, Ocean Beach, Calif., with my family, consisting of my wife, Mary Dyer, and three minor children, Dyonis, age 10; Jack V. Dyer, Jr., age 9; and Catherine, age 8; all of whom are entirely dependent upon me for their support and maintenance. On January 23, 1942, at about 2:30 p. m., I was riding my motorcycle west on Chatsworth Boulevard when I was struck by an Army truck at the intersection of Zola and Chatsworth Streets; the Army truck was driven by Mr. Kenneth T. Aswell, Battery G, Two hundredth and fourth Coast Artillery. As a result of the carelessness and negligence of the driver of the Army truck, I sustained serious and permanent injuries as more fully appears in an affidavit dated December 23, 1943, by Edwin H. Crabtree, M. D., to which reference is hereby made and made a part hereof. The investigating officers of the police department of the city of San Diego, after viewing the scene of the accident and discussing the matter with the truck driver issued a citation charging the truck driver with the violation of sections 540-B and 551 of the Vehicle Code of the State of California: the police did not give me any citation attached hereto and made a part hereof are sections 540-B and 551 of the Vehicle Code. My actual cash outlay for hospital and medical bills is $227: I received considerable medical attention from Dr. West, consisting of numerous operations wherein he inserted silver braces on various parts of my left leg: I have not as yet paid Dr. West and I am informed and believe that the value of his services is approximately $1,000. I was unable to work for a period of approximately 9 months immediately following the accident; at the time of the accident I was driving a truck for the R. E. Hazard & Son Construction Co., earning a minimum of $55 per week; when I was first able to go to work I operated a switchboard and received therefor $125 per month; I held this job for 1 month. Thereafter I attempted to work in a service station and received therefor $135 per month and was able to hold this job for 5 weeks. In December of 1942, I terminated my employment with Hazard & Son and attempted to drive a truck for another concern; I continued with this work until July 1, 1943, and during this time I was earning $40 per week. During the first part of July 1943 I returned to my regular work, commercial fishing, which I had to discontinue during the first part of September 1943 for the reason that physical condition did not permit such laborious duties and that since September 1943 I have been driving trucks for various concerns and have been able to average $35 per week. Because of the injuries received, I am unable to do the same kind and amount of work which I was able to do before the accident. At the present time, because of shortage of manpower, my services have some value; however, when manpower is more plentiful I will not be able to compete with men who are physically fit. This affidavit is made for the purpose of inducing the Congress of the United States to appropriate sufficient funds to compensate me for my injuries. JACK V. DYER. SECTION 540-B Approach for a left turn shall be made in that portion of the right half of the highway nearest the center line thereof and the left turn shall be made by passing immediately to the right of the center of the intersection before turning, unless otherwise directed by markers, buttons, or signs. SECTION 551 Vehicle turning left an intersection: The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute hazard but said driver having so yielded and having given a signal when and as required by this code may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right of way to the driver making the left turn. Subscribed and sworn to before me this 31st day of December 1943. [SEAL] FRANK POMERANZ, Notary Public in and for Said County and State. STATEMENT OF SAN DIEGO COUNTY GENERAL HOSPITAL, Patient: Jack Vernon Dyer, 4451 Mentone, Ocean Beach, Calif. 8260. Case: Ortho. Hospitalization: January 23 to February 12, 1942, 20 days at $4_ Other service: Laboratory fees.. X-rays: Left femur, left wrist, left scapula.......... Bill No. $80.00 90. 00 10. 00 25. 00 7.50 Total... 212. 50 Hon. ED. V. IZAC, R. E. HAZARD & SONS CONTRACTING CO., House of Representatives, Washington, D. C. DEAR SIR: We have been asked by Mr. Jack V. Dyer for a statement of average weekly earnings by him for 25 weeks prior to January 23, 1942. Our accounts show as follows: Amount earned in 25 weeks, $1,384.54; average weekly pay, $55.38. Mr. Dyer was absent from our employ from January 23, 1942, until July 14, 1942, at which time he was given a temporary position as a switchboard operator for a period of 4 weeks terminating July 31, 1942. He was reemployed at light work on October 15, 1942 at the rate of $36 per week. At present, he is on that rate. Injuries and paralysis make it inadvisable for Mr. Dyer to return to his former type of work driving trucks. Sincerely yours, R. E. HAZARD & SONS CONTRACTING Co., SAN DIEGO COUNTY GENERAL HOSPITAL, July 7, 1942. San Diego, Calif. HEADQUARTERS 204TH COAST ARTILLERY (AA) (SM) Re: Jack V. Dyer. GENTLEMEN: The above-named was admitted to the San Diego County Hospital January 1, 1942, the victim of a motorcycle accident and rendered unconscious. Injuries found on admittance, and corroborated by X-ray: Fracture of left femur, fracture left wrist, stellate fracture of left scapula. Treatment: Open reduction of fracture of left femur on February 6, 1942, following period of traction; casting of shoulder and wrist for fractures. Discharged February 12, 1942 to orthopedic clinic. Clinic follow up: February 25, 1942, arm cast removed. X-rays of arm and femur rechecked. March 25, 1942, X-ray of left femur: Small amount of cellus present, but union does not look firm. April 6, 1942, was found to have developed inability to flex the left foot due apparently to pressure nerve injury, and was readmitted to hospital for physiotherapy which he received until dhscharged April 26, 1942. Mr. Dyer was then followed in orthopedic clinic, and at his last visit, July 6, 1942, still showed a residual paralysis of part of the muscles of the left lower leg. The amount of recovery from this paralysis will necessarily have to be determined by his progress at future examinations. Respectfully, SAN DIEGO COUNTY GENERAL HOSPITAL, Notarized by Lettie E. Deits, July 7, 1942. JULY 10, 1942. The date of admittance of myself, Jack V. Dyer, as shown in the accompanying letter, January 1, 1942, is incorrect. The correct date of admittance is January 23, 1942. Respectfully, JACK V. DYER. MRS. J. T. TAULBEE MAY 22, 1944.-Committed to the Committee of the Whole House and ordered to be printed Mr. PATTON, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 1497] The Committee on Claims, to whom was referred the bill (H. R. 1497) for the relief of Mrs. J. T. Taulbee, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, line 5, after the word "appropriated," strike out the remainder of the bill and insert in lieu thereof: to the estate of J. T. Taulbee, deceased, the sum of $5,000, in full settlement of all claims against the United States on account of the death of the said J. T. Taulbee, and for the destruction of his automobile, resulting from a collision involving a United States Army truck, which accident occurred about four miles south of Corinth, Scott County, Kentucky, on the 4th day of December, 1941; and to pay to Mrs. Bertie Leila Parker (formerly Mrs. J. T. Taulbee), the sum of $1,500, in full settlement of all claims against the United States on account of personal injuries, and medical, hospital, and incidental expenses, sustained by her as the result of the same accident: 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: Amend the title so as to read: A bill for the relief of the estate of J. T. Taulbee, deceased, and Mrs. Bertie Leila Parker. The purpose of the proposed legislation is to authorize the Secretary of the Treasury to pay to the estate of J. T. Taulbee, deceased, the sum of $5,000, in full settlement for damages for his death and the destruction of his automobile, and pay the sum of $1,500 to Mrs. Bertie Leila Parker (formerly Mrs. J. T. Taulbee) for personal injuries and medical, hospital, and incidental expenses sustained by her, which resulted from a collision of Mr. Taulbee's car, in which they were driver and passenger respectively, with a United States Army truck, about 4 miles south of Corinth, Scott County, Ky., on December 4, 1941. STATEMENT OF FACTS On December 4, 1941, at about 7 p. m. an Army truck with trailer, operated by an enlisted man on official business, in which another enlisted man was riding as a passenger, was proceeding north on U. S. Highway No. 25, descending a steep grade and rounding a left curve, at a point about 41⁄2 miles south of Corinth, Ky., at a speed of approximately 25 miles per hour. The roadway was wet and slippery from a light rainfall, and visibility was poor because of a mist. At the same time a 1932 Chevrolet sedan, owned and operated by James Thomas Taulbee, of 18 St. Mary's Street, Dayton, Ohio, in which his wife, Mrs. Bertie Leila Taulbee (now Mrs. Bertie Leila Parker), Mrs. Thomas H. Toomey (daughter of Mrs. Parker), and Mrs. Betty Toomey were riding as passengers, was ascending the hill in the opposite direction at a speed of approximately 40 miles per hour. It appears that as the Army vehicle neared the bottom of the hill the Army driver, blinded by the headlights of the approaching civilian vehicle, dimmed his lights, shifted into a lower gear, and applied his brakes; that as the brakes on the Army vehicle were applied the trailer jackknifed, the rear end of the truck and trailer skidding and swinging to the left across the road and into the path of the oncoming civilian vehicle; and that the civilian vehicle thereupon crashed into the side of the Army truck. The Taulbee automobile was demolished, Mrs. Taulbee sustained serious injuries, and Mr. Taulbee sustained injuries from which he died at 4:50 a. m., the following morning. The report of the War Department states that Mr. and Mrs. Taulbee were admitted to the John Graves Ford Memorial Hospital, Georgetown, Ky., on December 4, 1941, and that James Thomas Taulbee was admitted in severe surgical shock. Scalp wound and wound over left eye, probable skull fracture, fracture right arm and left shoulder, crushed chest. Never regained consciousness. Died at 4:50 a. m., December 5, 1941. Bertie Leila Taulbee was admitted in severe shock. Severe laceration of lower lip with fracture of upper jaw; severe wound on left knee; probable fracture of right wrist. Mrs. Taulbee was treated by Dr. H. V. Johnson in the hospital, then removed to her home the following day, after which time she was treated by Dr. R. H. Scobee. The expenses incurred as the result of the accident totals $423.50. The War Department admits the accident and injuries were due to the negligence of the Army truck driver and recommends that the estate of Mr. Taulbee should be compensated for his death and the destruction of his automobile, and that Mrs. Bertie Leila Parker (formerly Mrs. J. T. Taulbee) should likewise be compensated for the personal injuries sustained by her, in the amounts shown in its report. Therefore, your committee has amended the bill and recommend favorable consideration to the proposed bill as amended. Appended hereto is the report of the War Department, which fully set forth the facts relating to the accident and is made a part of this report. |