In view of the foregoing, the Commission makes no recommendation as to the advisability of the enactment of the bill, H. R. 2151.

This report has been submitted to the Bureau of the Budget, pursuant to Budget Circular No. 390, dated June 1, 1942, and has been returned with the advice that if revised, as suggested by the Commission, and further revised so as to provide that any compensation that may be awarded should not become effective prior to the date of enactment of the bill, the enactment of the proposed legislation would not be in conflict with the program of the President.

Very truly yours,

JAMES WILSON

MAY 31, 1944.-Committed to the Committee of the Whole House and ordered to be printed

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

REPORT

[To accompany H. R. 2473]

The Committee on Claims, to whom was referred the bill (H. R. 2473) for the relief of James Wilson, 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 5, strike out the figures "$10,000" and insert in lieu thereof the figures "$3,718.27".

The purpose of the proposed legislation is to appropriate the sum of $3,718.27 to James Wilson, of Berkeley, Calif., in full settlement of all claims against the United States for personal injuries sustained and expenses incurred by him when he was struck by a United States Army truck, at the intersection of University and San Pablo Avenues in the city of Berkeley, Calif., on January 16, 1942.

STATEMENT OF FACTS

It appears that on January 16, 1942, at about 12:30 a. m., an Army reconnaissance car, operated by an enlisted man on official business, in which a commissioned officer was a passenger, was proceeding north on San Pablo Avenue in Berkeley, Calif., at an estimated speed of 25 to 30 miles per hour, and following a civilian automobile. The two vehicles in question were approaching the intersection of San Pablo Avenue with University Avenue. The streets were wet and visibility was poor. A yellow traffic signal light at the intersection gave a continuous caution signal. As the driver of the civilian automobile approached the intersection he slowed down and permitted James T. Wilson, a pedestrian, who was crossing San Pablo Avenue from east to west on the cross walk, to pass in front of him. When the civilian vehicle slowed down the Army driver turned to his left and attempted to pass it, not seeing Mr. Wilson, then obscured by the civilian car.

When Mr. Wilson came within his view the Army driver swerved sharply to the left in an effort to avoid an accident, but the rear of his vehicle skidded to the right, striking Mr. Wilson and throwing him to the pavement. As a result of the accident Mr. Wilson sustained a severe laceration of the scalp and a compound fracture of the left leg.

Mr. Wilson was taken to the Berkeley Hospital where he was hospitalized for 53 days. The records show that he actually incurred medical and hospital expenses in the aggregate amount of $1,218.27. At the time of the accident Mr. Wilson was 54 years of age and in addition to his wife he had one daughter and two grandchildren dependent upon him for support. He was employed by the Richmond Shipbuilding Co., Richmond, Calif., at an average weekly wage of approximately $60. The records reveal that as a result of the accident he was away from his work from January 17, 1942, to July 11, 1942, a period of 25 weeks. His total loss of wages was approximately $1,500. The War Department in its report of February 10, 1944, admits the liability and the fault of the negligence of the Army driver. They recommend that Mr. Wilson be compensated for the injuries sustained by him. The amount recommended is the sum of $3,718.27 ($1,218.27 for medical and hospital expenses, $1,500 for loss of wages, and $1,000 for personal injuries).

Therefore, your committee recommends favorable consideration to the proposed legislation, as amended. Appended hereto is the report of the War Department, together with other pertinent evidence.

WAR DEPARTMENT, Washington, February 10, 1944.

Hon. DAN R. McGEHEE,
Chairman, Committee on Claims,

House of Representatives.

DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 2473, Seventy-eighth Congress, in its present form. This bill would authorize and direct the Secretary of the Treasury to pay "the sum of $10,000 to James Wilson, of Berkeley, California, in full settlement of all claims against the United States for personal injuries sustained and expenses incurred by him when he was struck by a United States Army truck, at the intersection of University and San Pablo Avenues, in the city of Berkeley, California, on January 16, 1942." The Department, however, would interpose no objection to the enactment of the bill should it be so amended as to authorize the payment of $3,718.27 to Mr. Wilson.

There is no material conflict in the evidence as to the circumstances surrounding this accident. On January 16, 1942, at about 12:30 a. m., an Army reconnaissance car, operated by an enlisted man on official business, in which a commissioned officer was a passenger, was proceeding north on San Pablo Avenue in Berkeley, Calif., at an estimated speed of 25 to 30 miles per hour, and following a civilian automobile. The two vehicles in question were approaching the intersection of San Pablo Avenue with University Avenue. The streets were wet and visibility was poor. A yellow traffic signal light at the intersection gave a continuous caution signal. As the driver of the civilian automobile approached the intersection he slowed down and permitted James T. Wilson, 1720 Blake Street, Berkeley, Calif., a pedestrian, who was crossing San Pablo Avenue from east to west on the cross walk, to pass in front of him. When the civilian vehicle slowed down the Army driver turned to his left and attempted to pass it, not seeing Mr. Wilson, then obscured by the civilian car. When Mr. Wilson came within his view the Army driver swerved sharply to the left in an effort to avoid an accident, but the rear of his vehicle skidded to the right, striking Mr. Wilson and throwing him to the pavement. As a result of the accident Mr. Wilson sustained a severe laceration of the scalp and a compound fracture of the left leg. The investigating officer, after a careful investigation of the accident, made a report dated March 16, 1942, in which he found that:

His

"Pvt. * * [the Army driver] was responsible for the accident. speed, though it was within the legal limit, was too fast considering the wet streets and poor visibility. He also failed to heed the slowing car on his right as an indication of a pedestrian."

Mr. Wilson was taken to the Berkeley Hospital, Berkeley, Calif., where he was hospitalized for 53 days. Dr. G. K. Hargrove, of Berkeley, in a statement dated July 16, 1943, described his condition as follows:

"Initial injuries: 1. Laceration of head and concussion. 2. Multiple bruises. 3. Comminuted fractures of the left fibula and tibia with marked displacement. Also comminuted fracture of left fibula head, and semievulsion of skin over the posterior calf of the left leg.

"He was treated at the Berkeley Hospital January 16, 1942, to March 9, 1942. "Final result: There is good function of the left knee and motion of the left ankle. The calf muscles are permanently weakened but adequate for good walking. He has a post-traumatic arthritic condition of the left ankle, which is painful but not permanently disabling. He is required to take periodic rests due to this ankle.

"The alinement of the bone healing is not perfect but adequate for good weight bearing.

"No further treatment is indicated for any further improvements anticipated. He will always have a game leg in that: 1. The calf muscles are weakened. 2. Loss of full functional movement in the left knee and left ankle. 3. Periodic pains in the left ankle from the traumatic arthritic changes.'

Maj. Maximilian C. Kern, Medical Corps, Medical Detachment, Two Hundred and Seventeenth Coast Artillery (Antiaircraft), Berkeley, Calif., examined Mr. Wilson and made the following report on July 17, 1943:

"1. I examined Mr. James T. Wilson this date and report the following findings: (a) Scarring of skin of popleteal area of left leg. (b) Complete extension of left knee and about 90 percent flexion. (c) There is some permanent muscle damage to left leg producing weakness of left leg. Patient is able to walk without noticeable impairment and to perform ordinary work, but does experience tiredness in both legs. (d) Patient complains of pain in left ankle, and there are no findings on superficial examination. (e) Scalp wound is well healed and no residual effect. 2. In my opinion at present there is about 15 percent disability of left leg with some slight improvement anticipated."

The evidence of record shows that Mr. Wilson actually incurred medical and hospital expenses as a result of this accident in the aggregate amount of $1,218.27, as follows:

At the time of the accident Mr. Wilson was 54 years of age and, in addition to his wife, had one daughter and two grandchildren dependent upon him for support. He was employed by the Richmond Shipbuilding Co., Richmond, Calif., at an average weekly wage of approximately $60. The evidence of record shows that as a result of the accident he was away from his work from January 17, 1942, to July 11, 1942, a period of 25 weeks, so that his total loss of wages was approximately $1,500.

No claim for personal injuries has been filed with the War Department arising out of this accident.

Inasmuch as the evidence fairly establishes that the accident and resulting personal injuries sustained by Mr. Wilson were not caused by any fault or negligence on his part, but resulted from the negligence of the Army driver in that under conditions of a slippery pavement and poor visibility he approached an intersection and passed another vehicle which had slowed down for the crossing at such a speed that he was unable to avoid striking a pedestrian already within the intersection, it is the view of the War Department that Mr. Wilson should be compensated for the injuries sustained by him. While the proposed award of $10,000 is excessive, the Department would interpose no objection to the enactment of the bill if it should be so amended as to appropriate $3,718.27 for the relief of Mr. Wilson ($1,218.27 for medical and hospital expenses; $1,500 for loss