WAR DEPARTMENT, Washington, February 10, 1944. Hon. DAN R. McGEHEF, House of Representatives. DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 1497, Seventy-eighth Congress, in its present form. This bill would authorize the Secretary of the Treasury "to pay * * * the sum of $10,000, in full settlement of all claims against the United States on account of the death of J. T. Taulbee, Georgetown, Ky., which resulted from a collision involving a United States Army truck * * * which occurred about 4 miles south of Corinth, Scott County, Ky., on the 4th day of December 1941." The Department, however, would interpose no objection to the enactment of the bill if it should be so amended as to provide for an award of $5,000 to the estate of J. T. Taulbee, deceased, for damages for his death and the destruction of his automobile, and an award of $1,500 to Mrs. Bertie Leila Parker (formerly Mrs. J. T. Taulbee) for person injuries and medical, hospital, and incidental expenses sustained by her as the result of this accident. 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 United States 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 The On September 16, 1943, the Army driver submitted the following affidavit: "On December 4, 1941, this organization was passing through Kentucky, at or near Covington, on the way to Fort Wayne, Detroit, Mich., from the Carolina maneuvers. At about 7 o'clock in the evening on this date I had ascended a rather steep grade with my truck and was descending on the other side. road was wet and slippery as a result of rain and visibility was poor due to the mist and light rain falling. As I neared the bottom of the grade I saw a car approaching from the opposite direction. His headlights were quite bright and blinding so I dimmed my headlights, hoping that he would do the same. driver of the other car failed, however, to dim his lights or check his speed. His headlights were beginning to blind me so I shifted to a lower gear and applied my brakes to check my speed from 25 miles per hour, the rate at which I was traveling. As I applied the brakes the loaded trailer I was towing jackknifed and pulled the rear end of my truck around with it. At this same instant the other car was about to pass me and as the trailer and rear end of my truck skidded around he did not have enough room to pass, and crashed into the side of the truck. As we got out to investigate and survey the damage done, we found that all the occupants of the other car were injured and needed hospitalization. Neither Private *, who was with me, or myself was injured.' The enlisted man who was riding in the Army truck as a passenger submitted the following affidavit on September 16, 1943: "On December 4, 1941, I was an occupant of a truck * * * involved in an accident on Highway 25 a few miles south of Covington, Ky., at about 7 o'clock in the evening. As I remember it we were coming down a grade and the road was wet and slippery because of the rain that was falling. A few seconds before the accident Private * * * [the Army driver] remarked to me about a vehicle coming toward him with blinding headlights. As the vehicles came closer, Private * * *, who was driving about 25 miles per hour, attempted to slow down. When he applied the brakes the loaded trailer he was towing jackknifed and swung the rear of the truck around. At the same time there was a crash, and when we stopped and got out we found the other vehicle had crashed into the side of the truck.' On March 19, 1943, Mrs. Bertie Leila Parker (formerly Mrs. Bertie Leila Taulbee) made the following sworn statement: "My name is Bertie Leila Parker, my age is 42, and I live at 536 North Main Street, Winchester, Ky. On August 29, 1942, I was married to Vincent Parker, of the same address. Previous to this marriage I was the widow of James Taulbee, who died December 5, 1941. * "As to the automobile accident in which Mr. Taulbee was fatally injured. On December 4, 1941, my husband and I, with my daughter, Mrs. Thomas Toomey and Mrs. Betty Toomey, were driving from Dayton, Ohio, intending to come to Winchester, Ky. At about 7 o'clock p. m. we were driving south on U. S. Highway 25. It was dark but not raining, the road was dry as I recall. We had been driving with our lights on for quite a while. My husband was driving his 1932 Chevrolet sedan and I was in the front seat beside him. The girls were in the back seat. We were going up a winding hill called Stonewall Hill and as we came around a curve, about 40 miles an hour, a truck was sitting across the road with its front end headed south. The truck was stationary and we ran into the side of the truck at the rear end. Next thing I remember someone got me out of the car and I saw that it was an army truck with some colored soldiers who had been in it, that was in the road. "I realized that my husband was severely injured but was so hurt myself that I don't have a real clear recollection of just what happened. "My husband and I were taken to Ford Memorial Hospital, Georgetown, Ky, where Mr. Taulbee died early the next morning from his injuries. "I can say positively that neither Mr. Taulbee, myself, or either of the two girls had taken any intoxicating drinks on the trip from Dayton. "I suffered a fractured jaw, injured spine, and cuts on both legs. I was treated by Dr. Johnson at the Georgetown Hospital for several days and then brought to my mother's home in Winchester, and continued medical attention with Dr. Scobee, of Winchester, until last May. Dr. Duncan, of Winchester, has been my dentist since I lost all my teeth as a result of the accident. My daughter, Mrs. Toomey, and her sister-in-law, Mrs. Betty Toomey, only suffered minor injuries in the wreck. "Mr. Taulbee's family went to Georgetown and arranged for his funeral and I did not incur any expense for that purpose. I think my bills amount to around $500 but I don't have the exact details at present. "My husband had no accident or life insurance. I did have an accident policy with Lincoln Life which paid me $6 a week for 26 weeks. I still owe most of the expense of doctors', hospital, and other bills which were made necessary by this accident. I abandoned our car as it was only good for junk. I am advised by my doctor that I will probably never completely get over the injuries that happened to me in this wreck." On May 10, 1943, Mrs. Betty Toomey, who was a passenger in the Taulbee car at the time of the accident, made the following affidavit: "The undersigned, Mrs. Betty Toomey, swears and states she was a passenger in the Taulbee car at the time and place it was wrecked; that she had been in the car since it left Ohio; that the driver, Mr. Taulbee, was not drunk, nor had he been drinking at all during the day; as I recall it now, he was not driving at an excessive rate of speed, probably around 35 or 40 miles an hour. The first time I remember seeing the truck, it seemed to be crossways in the road. I do not know how or why it came to be in that position. "I received some injuries, and was treated for a head injury and cut on the leg by Dr. Kenny at Paris, Ky. While my injuries were painful at the time I soon recovered from them." Mrs. Thomas Toomey, who also was riding in the Taulbee car at the time of the accident, submitted, on March 31, 1943, the following affidavit: "The undersigned, Mrs. Thomas Toomey, * * * says that she was a passenger in the car being driven by J. T. Taulbee on December 4, 1941, at the time it collided with an Army truck driven by two colored soldiers; that she had been a passenger in the car all the way from Dayton, Ohio, to the place of the accident, north of Georgetown, Ky.; that the driver of the car, J. T. Taulbee, was not drunk at the time, nor had he been drinking at all immediately prior to starting or during the trip; that she had known Mr. Taulbee for more than a year, during which time she never knew of his drinking anything other than some kind of soft drinks. She says that the car in which she was riding did not seem to have been making much speed just before the accident-possibly 35 miles an hour; that the Army truck appeared to be crossways in the road at the time she first noticed it, just a short time before the accident, and that to the best of her recollection, the Taulbee car was on its right side of the road at the time." In an affidavit dated March 18, 1943, Sgt. Melvin R. Huff, Sixth District, Kentucky Highway Patrol, Williamstown, Ky., stated: "On December 4, 1941, at 7:30 p. m. I was called to the scene of an automobile accident 4.4 miles south of Corinth, Ky., on U. S. Highway 25 * * "Mr. Taulbee was unconscious and Mrs. Taulbee was severely injured about the mouth, and hysterical, so all my information about the course of the civilian car came from the two young ladies who were occupants. From what I learned from them and from the soldiers in the Government truck it appears that driver of Government equipment, proceeding north, downhill, making a left curve on a slippery road, applied his brakes, causing his vehicle to go into a skid and out of his control. In attempting to straighten up and regain control the Army vehicle skidded across the roadway and into the Taulbee car, which was proceeding south, forcing the Taulbee car into the ditch and Army vehicle stopping just below Taulbee car on the same side of the road headed south. With respect to the injuries sustained by Mrs. Taulbee, Dr. H. V. Johnson, of Georgetown, Ky., on April 30, 1943, submitted the following sworn statement: "This is to certify that I was called to attend Mr. and Mrs. J. T. Taulbee at the John Graves Ford Memorial Hospital, Georgetown, Ky., on the night of December 4, 1941. They gave a history of having been in an automobile wreck on the Dixie Highway, north of Georgetown, Ky. "I found Mr. Taulbee in a state of coma, profound surgical shock, severe fractures, lacerations, and contusions. He never gained consciousness and expired the same night. "Mrs. Taulbee was suffering from traumatic surgical shock due to hemorrhage and exposure. Her condition was so serious that after consultation with Dr. W. S. Allphin, it was decided to postpone any operative procedures till the next day. On December 5, I operated on Mrs. Taulbee and repaired the numerous lacerated contused wounds of the face, legs, and arms. She had a fractured jaw and several teeth were lost, due to the accident. On December 6, the family insisted that she be taken to the Winchester Hospital, and this was done in an ambulance from that city. "I have never received any compensation for services rendered Mr. and Mrs. Taulbee, nor has the local hospital. "Of course, Mrs. Taulbee suffered some permanent disability from loss of teeth but I can't determine the percentage of permanent disability as I have never seen her since she left Georgetown." The following report was submitted by the superintendent, John Graves Ford Memorial Hospital, Georgetown, Ky, on March 20, 1943: "Regarding the cases of James Thomas Taulbee (white), age 44, and wife, Bertie Lelia Taulbee, age 40, 18 St. Mary Street, Dayton, Ohio. "They were admitted to our hospital on December 4, 1941 at 8 p. m., after having had wreck on Dixie Highway. "James Thomas Taulbee was admitted in severe surgical shock. Scalp wound and wound over left eye, probably skull fracture, fractured right arm and left shoulder, crushed chest. Never regained consciousness. Died at 4:50 a. m., December 5, 1941. "Bertie Lelia Taulbee was admitted in severe shock. Severe lacerations of lower lip with fracture of upper jaw; severe wound on left knee; probable fracture of right wrist. "Wounds repaired by Dr. H. V. Johnson. She "Patient's family requested she be moved to her mother's home in Winchester, Ky. Dr. Johnson gave consent after family doctor there was notified. was taken by ambulance to that city on December 6, 1941." "Hospital has received no remuneration for services to either patient. "Mr. Taulbee's bill.. "Mrs. Taulbee's bill.. $4.50 22. 50 "Total.... 27.00" On May 12, 1943, Dr. R. H. Scobee, of Winchester, Ky., submitted the following statement concerning the injuries sustained by Mrs. Taulbee: "This is to certify that I treated Mrs. Bertie Ramsey Taulbee injuries received in an automobile accident December 4, 1941. In this accident she received a fractured mandible, multiple contusions of the chin, a cut below the left knee, and multiple bruises over the entire body. "She was under my care from December 6 to May 25, 1942. The bill for this service was $94." On July 14, 1943, Dr. Scobee submitted the following supplementary statement: "The undersigned says that he treated Mrs. H. T. Taulbee (Parker) for injuries received in auto collision in the latter part of 1941; that she received many cuts and bruises on her limbs, body, and face and that it was necessary for her to have an artificial replacement of her teeth which were knocked out in the accident. He says she suffered a 50-percent permanent disfigurement.' According to the statements of Mis. Parker (formerly Mrs. Taulbee) and her attorney, the following expenses were incurred by her and Mr. Taulbee as a result of this accident: Dr. H. V. Johnson, Georgetown, Ky. Dr. R. H. Scobee, Winchester, Ky. John Graves Ford Memorial Hospital, Georgetown, Ky. Dr. H. L. Duncan, dentist, Winchester, Ky. Clark County Hospital Association, Winchester, Ky. Dr. D. B. Scobee, Winchester, Ky. Mattie Glover, nurse_ Shea Drug Co............ Incidental expenses. Total__ $75.00 94.00 27.00 69.00 33.50 10.00 60.00 25.00 30.00 423. 50 From this total amount of $423.50 there should be deducted the sum of $156 received by Mrs. Taulbee under the accident insurance policy mentioned in her affidavit of March 19, 1943, hereinbefore quoted ($6 a week for 26 weeks), leaving a net amount of expenses incurred of $267.50. The War Department has no record of the expenses incurred for the burial of Mr. Taulbee. However, Mrs. Parker states in her affidavit of March 19, 1943, hereinbefore quoted, that Mr. Taulbee's family made the arrangements for his funeral and that no expenses were incurred by her in that connection. The files of the War Department contain the following unpaid bills incurred for the medical and hospital treatment of Mr. and Mrs. Taulbee: No bills have been submitted to the War Department in support of the other expenses which are itemized above and which Mrs. Taulbee states were incurred. No evidence has been submitted to the War Department with respect to the loss sustained through the destruction of Mr. Taulbee's automobile with the exception of the following statement by Mrs. "Birtie Taulbee Parker," contained in an affidavit dated April 10, 1943: 66 * * that before the accident the car was worth in the neighborhood of $200 (had been taken good care of) and that it was worth, after the accident, as junk, possibly $15; that it was disposed of to the best of her knowledge as junk." No claim has been filed with the War Department growing out of this accident. The records of the War Department disclose that Mr. Taulbee was 45 years of age at the time of his death and left surviving the following persons: Bertie Leila Taulbee (wife), age 42 years; Caroline Taulbee Corrin (daughter), age 19 years; Aileen Taulbee (daughter), age 10 years; Mable Ann Taulbee (daughter), age 1 year. Of the above-mentioned persons, only Bertie Leila Taulbee and Aileen Taulbee were dependent upon Mr. Taulbee for support, Caroline Taulbee Corrin being supported by her husband, and Mable Ann Taulbee by her grandmother, Mrs. Frances Fields, of Flint, Ky. The records further show that Aileen Taulbee is now supported by the Sisters of the Good Shepherd, Fort Thomas, Ky. Caroline Taulbee Corrin, Aileen Taulbee, and Mable Ann Taulbee were the children of Mr. Taulbee by a former marriage. Mrs. Parker has no dependents at the present time. Mr. Taulbee was in the employ of the Van Cleve Hotel, Dayton, Ohio, at the time of his death. The assistant manager of the hotel, in a letter dated March 25, 1943, stated: "Mr. Taulbee worked at the Van Cleve Hotel from August 19 to December 4, 1941. During that time he earned $152.90." Mrs. Parker (formerly Mrs. Taulbee) in her affidavit of March 19, 1943, stated: 16* * * my husband was employed at the Hotel Van Cleve, Dayton, Ohio. He was making around $21 a week there and had worked there about 4 months." The claims officer who investigated the accident found that "collision and resulting damage was caused by acts or omissions of military personnel acting within the scope of their employment and there was no contributory negligence on the part of the driver of the private vehicle. After careful consideration of the evidence in this case, it is the view of the War Department that the proximate cause of the accident was the negligence of the Army driver in that when descending a hill and rounding a curve on a wet and slippery road and under conditions of limited visibility he failed to operate his heavily loaded vehicle at a safe rate of speed and to maintain such control thereof as to avoid colliding with another vehicle coming from the opposite direction on its proper side of the road, and that no fault or negligence has been established on the part of the driver of the civilian vehicle, either in causing or contributing to the accident. The Department, therefore, believes 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. The amount of the proposed award is excessive, but the Department would interpose no objection to the enactment of the bill if it should be so amended as to pay to the estate of J. T. Taulbee the sum of $5,000 for his death and the destruction of his automobile, and to pay to Mrs. Bertie Leila Parker (formerly Mrs. J. T. Taulbee) the sum of $1,500 for the personal injuries, permanent disfigurement, and medical, hospital, and incidental expenses, incurred by her as the result of this accident. It is recommended that the title of the bill be amended to read as follows: "A bill for the relief of the estate of J. T. Taulbee, deceased, and Mrs. Bertie Leila Parker." It is further recommended that the text of the bill, before the word “Provided,” on line 1, page 2, be amended to read as follows: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, 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:" 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, COMMONWEALTH OF KENTUCKY STATE DEPARTMENT OF HEALTH, BUREAU OF VITAL STATISTICS Louisville, Ky. No. 1193. I, J. F. Blackerby, State Registrar of Vital Statistics, do hereby certify the following to be a true and correct copy of the certificate of death of James Thomas Taulbee on file in the bureau of vital statistics of Kentucky. |