1st Session No. 1174 ELIZABETH HESSMAN JULY 14, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. WINTER, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 5931] The Committee on Claims, to whom was referred the bill (H. R. 5931) for the relief of Elizabeth Hessman, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 6, strike out the sign and figures "$5,000" and insert in lieu thereof the sign and figures "$1,665". Beginning with the word "Provided" in line 10 of the bill strike out the remaining language, and insert in lieu thereof 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 therof shall be fined in any sum not exceeding $1,000. The purpose of the proposed legislation is to pay the sum of $1,665 to Elizabeth Hessman, of Dodge City, Kans., in full settlement of all claims against the United States for personal injuries sustained by her when the car in which she was riding was struck on April 27, 1936, by a Government car driven by an employee of the Soil Conservation Service. STATEMENT OF FACTS At about 3 p. m. on April 27, 1936, the claimant was riding in her Plymouth sedan, heading west on the north side of Highway No. 24, about 71⁄2 miles west of Paris, Mo. With Mrs. Hessman were Mrs. Mary Kathryn Ling and Donald Ling (Mrs. Hessman's daughter and son-in-law) and their 18-month old child, and also Mr. Roy Kingsley. Mr. Ling was driving the car and Mrs. Hessman was riding in the front seat. The Hessman car was being properly operated on the right side of the highway when a Plymouth car, driven by C. M. Hummel, engineering aide employed by the Soil Conservation Service of the Department of Agriculture, at an approximate speed of 40 miles per hour approached from the opposite direction. The driver, who was heading east in the middle of the road, pulled over to his left side of the road and drove directly into the private car. The occupants of this car say that their driver blew his horn several times, but apparently the Government driver did not hear it. According to the driver of the Government vehicle, while making a slight curve and going up a slight grade, he had his car in about the center of the highway. He states that it is possible that he might have dozed for a second or two and on coming to, he saw the approaching car very close to him. Noticing the closeness of the approaching car evidently startled him, and instead of pulling to his right as he should, he pulled to the left, which brought him immediately in front of the approaching car and the head-on collision immediately followed. Immediately after the accident, Mrs. Hessman was treated by Dr. G. M. Ragsdale of Paris, Mo., who sent her to Woodland Hospital in Moberly, Mo., for further treatment. Mrs. Hessman left Moberly a few days later and returned to her home in Dodge City, Kans., shortly after which time she went to St. Anthony's Hospital, where she was confined for about 10 days. On May 8, 1936, Dr. N. E. Melencamp, who had been Mrs. Hessman's personal physician for approximately 12 or 14 years, examined her in St. Anthony's Hospital, and found her to be suffering from numerous black and blue bruises distributed generally over her head and body, and that she was suffering from contusion of the chest and from a hemotoma (blood tumor) on the frontal portion of her right thigh. Also, both of Mrs. Hessman's legs and knees were badly bruised, to the extent that she could not walk or support herself without assistance, and that a varicose condition of the veins of both legs was aggravated by bruises. Dr. Melencamp submitted a statement in April of this year to the effect that Mrs. Hessman still complains of lameness and weakness in the right leg. It is his opinion that Mrs. Hessman was totally disabled from performing any physical labor for 6 months, and up to the time he made this statement she had not sufficiently recovered to engage in her occupation as before her injury. Mrs. Hessman submitted a claim to the War Department for property damage to her automobile, which claim was allowed in the amount of $212.95. The Agriculture Department recommends that an award be made to Mrs. Hessman, admitting negligence of the Government employee in not keeping his car under control and in failing to keep a proper look-out for the claimant's car approaching on the highway. The Department recommends payment of medical expenses in the amount of $165-$65 for the hospital bill and $100 for the doctor's bill-and a reasonable allowance for pain and suffering. Your committee concurs in the opinion of the Department and recomend that the bill be passed, as amended, in the amount of $1,665, which it is felt is an equitable settlement of the claim involved herein. Appended hereto is the report of the Department of Agriculture, together with other pertinent evidence. DEPARTMENT OF AGRICULTURE, Hon. AMBROSE J. KENNEDY, "House of Representatives. DEAR MR. KENNEDY: This Department is now prepared to render its opinion as to the merit of H. R. 5931, introduced for the relief of Mrs. Elizabeth Hessman, of Dodge City, Kans., as well as to furnish all papers on file in connection with the claim which arose as a result of the accident which occurred in April 27, 1936. We have had occasion to consider a claim for property damage as filed by Mrs. Hessman under the act of December 28, 1922, in an amount of $500. At the time the claimant also sought the sum of $20,000 for reason of personal injuries sustained in the collision, but inasmuch as the act grants no authority for the consideration of claims for personal injuries, the item was not considered by the Solicitor of the Department. The facts surrounding the accident case will not be discussed herein for they are set forth in the opinion rendered by the Solicitor as to the merit of the claim filed, a copy of which is attached to the report. It was held that the claim was allowable in part under the act aforementioned for reason of the negligence of the Government employee in not keeping his car under control and in failing to keep a proper lookout for claimant's car approaching on the highway. Mrs. Hessman was notified on June 21, 1937, by Mr. M. L. Wilson, of this office, that her claim had been allowed in an amount of $212.95, rather than in the sum of $500. In addition, she was informed that the item for personal injuries in the sum of $20,000 was disallowed, since no provision was made under the act of December 28, 1922, for the consideration of personal injury claims. The amount awarded has since been paid to the claimant. As you were notified on May 8, 1939, it was found necessary to obtain additional information concerning the nature of the injuries sustained by Mrs. Hessman. Several affidavits have been obtained which cover sufficiently the extent of the injuries, the medical treatment necessary, and the present physical ocndition of the claimant. Mrs. Hessman was interviewed by Mr. Harry H. Stracey, who was appointed investigating officer in this case. On date of May 9, 1939, at the time of his visit, he found Mrs. Hessman busily engaged in household duties, or what appeared to be spring cleaning, and she complained of having been exhausted as a result of her extra household duties, the moving of furniture, etc. She related to Mr. Stracey that her knee was stiff as a result of an injury sustained in the accident and that she had been cut and bruised. She also complained of a varicose condition of the veins. She stated that it was aggravated by the bruises she sustained on her knees and legs. The investigator could obtain little information from the superintendent of St. Anthony's Hospital, Dodge City, Kans., at which Mrs. Hessman remained for a period of 10 days, from date of May 8 to 18, 1936, for the reason that the bedside chart, on which the medical history of Mrs. Hessman's case was recorded, had been removed from the hospital files and that no one at present connected with the hospital knew the whereabouts of the chart. It was ascertained, however, that the sum of $65 was spent for hospitalization during the period of May 8 to 18, 1936. An affidavit has been secured from Dr. N. E. Melencamp, the private physician who treated Mrs. Hessman at Dodge City, Kans. The following is quoted from the affidavit: "* * * that on May 8, 1936, at St. Anthony's Hospital in Dodge City, Kans., he examined Mrs. John (Elizabeth) Hessman, rural route No. 1, Wright, Kans. (near Dodge City, Kans.), and that he found her to be suffering from numerous black and blue bruises distributed generally over her head and body, and that she was suffering from contusion of the chest and from a hemotoma (blood tumor) on the frontal portion of her right thigh, and that both legs and knees were badly bruised to the extent that Mrs. Hessman could not walk or support herself without assistance, and that a varicose condition of the veins of both legs was aggravated by bruises; that he performed a thorough physical examination of Mrs. Hessman, including the use of X-rays to determine the extent and seriousness of her injuries; and that the injuries described above were found to be the exact extent of the traumatic condition.' He added that on date of October 27, 1938, when the patient was last examined by him, her condition was fair, and the indications were that she had objectively recovered from the injuries sustained in the accident, excepting that she complained of some inability to use her right leg freely and had a hard lump on her right thigh, which is probably scar tissue, resulting from the hematoma caused by the accident. Dr. Melencamp rendered a bill for $100. An itemization of the visits made and the charges therefor are set forth in his affidavit. Affidavits have also been obtained from Drs. George M. Ragsdale and R. D. Streetor. Dr. Ragsdale attended Mrs. Hessman at the scene of the accident, at which time he gave her emergency treatment. It was his opinion at the time that the claimant suffered no permanent injuries in the accident. Dr. Streetor treated Mrs. Hessman at the hospital immediately after first aid had been given by Dr. Ragsdale. He has stated that when he treated the patient he noted that she had suffered slight skin abrasions on both knees and a very slight contusion and abrasion of the left forehead, as well as a marked contusion of both inside areas of the knees. Mrs. Hessman certified that she had received no compensation for reason of her injuries. Dr. Melencamp stated that no insurance company ever inquired of him as to the extent of Mrs. Hessman's injuries; accordingly, her claim warrants favorable consideration since the liability of the Government has been admitted and in view of the partial allowance of the claim for property damage, considered under the act of December 28, 1922, at which time it was found that the proximate cause of the collision was the negligence of Mr. C. M. Hummel, engineering aide, in the operation of his privately owned car, which was being used under proper authorization in connection with his duties with the Department. In our opinion, an award of $5,000, as contemplated in H. R. 5931, appears to be excessive. For the most part Mrs. Hessman sustained slight abrasions and some contusions of the head and body, principally near the knees and the thigh of the right leg. From all indications, Mrs. Hessman has no permanent disability. Mr. Stracey observed her at the time of his interview. He has testified that she walked normally. Her chief complaint is a varicose condition of her veins, which in no way can be attributed to any injury sustained in the collision; however, in all probability, the condition was aggravated as a result of the bruises she sustained to her legs. At the time she executed Standard Claim Form 28, on July 14, 1936, there was set forth in a supplemental statement that her kidneys had been seriously injured and that she had sustained other internal injuries. This assertion is not substantiated by the report of Dr. Melencamp, nor does Mrs. Hessman now complain of having any kidney disorder. or other internal injury. It is recommended that an award be made but that the committee consider reducing to a large extent the amount contemplated in H. R 5931. Payment of the medical expenses in an amount of $165 should be made, as well as a reasonable allowance for pain and suffering. Sincerely yours, HARRY L. BROWN, Acting Secretary. AFFIDAVIT STATE OF KANSAS, County of Ford, ss: Elizabeth Hessman, being first duly sworn upon oath, says: I reside on a farm near Dodge City, Kans., with my husband. On the 27th day of April 1936, at about 3 p. m., I was riding in my automobile at a point about 7 miles west of Paris, Mo. With me was my daughter, Mrs. Mary Kathryn Ling, of Jetmore, Kans., and her 18 months old baby, and her husband, Donald Ling, who was driving the car; also Roy Kingsley of Dodge City, Kans. I was riding in the front seat of my Plymouth sedan, and the car was going west on the north side of the highway. The Plymouth, driven by C. M. Hunnel, was coming up the hill going east, and came over onto the north side of the road, and drove directly into my car. Affiant further says: The witnesses to the accident were my daughter, Mrs. Mary Kathryn Ling, now residing at Dodge City, Kans.; Donald Ling, of Jetmore, Kans.; Roy Kingsley, of Dodge City, Kans.; and C. M. Hunnel, of Paris, Mo.; and two boys from the Civilian Conservation Corps camp. The affidavit of Mary Kathryn Ling Baker is hereto attached, marked "Exhibit A" and made a part of this affidavit. That the accident was caused solely by the negligent driving of C. M. Hunnel, who was driving on the wrong side of the road. I saw Hunnel approaching about 150 feet away, and my driver blew his horn and pulled to the right. Hunnel did not appear to see the car or hear the horn. Affiant further says: I was treated by Dr. Ragsdall, of Paris, Mo., shortly after the accident. I was seriously injured on my back, legs, arms, neck, face, side, and ribs, and was confined in the hospital at Moberly, Mo., from the 27th day of April to the 6th day of May, when I was taken to Dodge City, Kans., and confined in the St. Anthony's Hospital. I remained in this hospital a period of 10 days, when I went to my home north of Dodge City. I have been under the care of Dr. N. E. Melencamp of Dodge City, Kans., since that date. I am yet suffering from pains, and have a running sore, that breaks out once in a while, on one of my legs, as a result of the accident. I am unable, and have been unable, since the 27th of April 1936, to properly perform my household duties; as I am unable to remain on my feet any great length of time, and if I do, it causes them to swell, and I am compelled to go to bed for several days at a time, until the swelling goes down. I am informed by my physician, and firmly believe, that I will never be in good health again. Affiant further says: The car which caused the wreck was a Government car, driven by C. M. Hunnel. The damage to my automobile was paid through the United States Department of Agriculture Soil Conservation Service at Des Moines, Iowa, through the Office of H. P. Martin, acting procurement officer. I was informed by that office that the Small Claims Act of December 28, 1922, does not cover claims for personal injury. They suggested the only method would be through a private bill introduced in Congress. I am asking that my claim, in the sum of $5,000 be allowed, for the personal injury I received as a result of the accident. ELIZABETH HESSMAN. Subscribed and sworn to before me this 24th day of March 1939. My commission expires May 13, 1942. H. F. MILLIKAN, Notary Public. AFFIDAVIT STATE OF KANSAS, County of Ford, ss: Mary Kathryn Ling Baker, being first duly sworn upon oath, says: I was formerly Mary Kathryn Ling, and was riding with my mother, Elizabeth Hessman, at a point 7 miles west of Paris, Mo., on the 27th day of April 1936, and was slightly injured in the accident which seriously injured Mrs. Hessman. Affiant further says: I was riding in the rear seat of the car driven by Donald Ling of Jetmore, Kans., at the time of the accident. The car, in which I was riding, was being driven west on the north side of the highway at a rate of about 30 miles an hour. I saw the car driven by Hunnel coming east and driving on the north side of the highway at a distance of about 150 feet. Our driver pulled the car to the right as far as possible without going into the ditch. The Hunnel car continued in the same direction and did not attempt to pull the car over onto his side of the highway. Hunnel apparently was looking in a southerly direction and did not see us until the collision. The accident was caused solely by the negligence of Hunnel in driving on the wrong side of the highway, and in not watching where he was driving. Our driver honked the horn several times, but Hunnel did not appear to hear. MARY KATHRYN LING BAKER. Subscribed and sworn to before me this 24th day of March 1939. My commission expires May 13, 1942. H. F. MILLIKAN, Notary Public. AFFIDAVIT STATE OF KANSAS County of Ford, 88: Dr. N. E. Melencamp, being first duly sworn, says: I am a physician and surgeon, and have been actively engaged in the general practice of medicine, at Dodge City, Kans., for more than 20 years. I am acquainted with Mrs. Elizabeth Hessman of Dodge City, Kans., who was injured in an automobile accident on the 27th day of April 1936, near Paris, Mo. Affiant further says that on or about the 6th day of May 1936, I was called to see Mrs. Hessman, and ordered her to St. Anthony's Hospital for further observation and examination. Examination of Mrs. Elizabeth Hessman was made, at St. Anthony's Hospital, on May 8, 1936. She was bedfast and showed the evidences of an injury. There was a marked hematoma of the right thigh on the |