Since the records of the Navy Department show that the property of Mrs. Anna E. Hurley, located at 1121 Stewart Avenue, Kansas City, Kans., was damaged on the afternoon of January 8, 1938, by United States Navy airplane FF-2, No. 9370, while on an authorized flight, and it appears that the American Insurance Co. of New Jersey has paid Mrs. Hurley $1,300 in full satisfaction of her claim under its insurance policy, the Navy Department recommends that bill H. R. 3363 be enacted for the appropriation of such amount to be paid out of the Treasury as may be established to be the value of the property lost for which the claimant has by assignment been subrogated. Sincerely yours, J. O. RICHARDSON, Acting. KANSAS CITY, Mo., December 28, 1938. Re Anna E. Hurley, assured; American Insurance Co. of New Jersey, insurer. Hon. C. JASper Bell, Congressman, Fourth District of Missouri, Washington, D. C. DEAR JUDGE BELL: As I advised you over the telephone on December 27 just prior to your departure for Washington, we are seeking to obtain a special act of Congress providing for a special appropriation to reimburse our client, the American Insurance Co. of New Jersey, for the loss sustained by it in connection with the above-captioned matter. The facts on which our client's claim is based are as follows: Under date of August 18, 1938, the American Insurance Co. paid to one Mrs. Anna E. Hurley the sum of $1,300 in full compromise settlement of her claim for loss and damage occasioned to the residence property located at 1121 Stewart in Kansas City, Kans., on the 8th day of January 1938, by reason of the United States Naval Reserve F. F.-2 land plane No. 9370 crashing into and against said residence property. This plane at the time of the crash was being operated by Capt. Benjamin Southworth in the course of United States Naval Reserve aviation maneuvers originating from the United States Naval Reserve aviation base located at Fairfax Airport in Kansas City, Kans. The property damaged by this crash was insured against such loss and damage under a policy of insurance issued by our client, the American Insurance Co. of New Jersey, to the said Mrs. Anna Ě. Hurley as the named assured therein. By reason of the payment made by the company in settlement of the insured's claim, the company became and is subrogated to all claims that Mrs. Hurley had and has against the United States Government. We are advised that this entire matter was investigated at the United States Naval Reserve aviation base, Fairfax Airport, Kansas City, Kans., by a board of investigation, upon the order of the commandant of the ninth naval district, Great Lakes, Ill. In the course of the investigation made by the board of investigation, the board received from the Morley Engineering & Contracting Co., of Kansas City, Mo., under date of January 10, 1938, an estimate of the loss and damage to the Hurley property. This estimate totaled $1,181.28. A copy of said estimate is enclosed herewith. Under date of May 27, 1938, the Morley Engineering & Contracting Co. furnished the local adjuster for our client with a copy of this same estimate. The estimate was qualified, however, with the statement that in its present form it was based on open-shop labor, and that if the work specified in the estimate was to be done with union labor, the contractor would do it at a guaranteed cost not to exceed 25 percent more than the total shown on the estimate. Due to local labor conditions, with which you are no doubt familiar, it would not have been feasible for anyone, save perhaps the United States Government, to have undertaken such work without contemplating the use of all union labor. You will also find enclosed herewith a copy of the letter dated May 27, 1938, addressed to the local adjuster by the Morley Engineering & Contracting Co., commenting on this estimate, and referring to the increase in price mentioned. You will note that a 25-percent increase of the original estimated cost of $1,181.28 increased the Morley estimate to a total of $1,476.59. Thereafter, the company's adjuster secured an estimate by another independent contractor, which estimate, based upon the use of union labor, figured the job at $1,393.95. The loss, as previously stated, was finally compromised for $1,300, which was an obvious saving under both estimates. Our investigation of the law with respect to the company's right to obtain reimbursement from the Government for this loss disclosed that the claim was not one coming within the jurisdiction of the Court of Claims. Since we were entirely without a remedy in that court, our only recourse was to take the matter up direct with the Secretary of the Navy, with the hope that his Department had the jurisdiction to pass upon and pay the claim. It appears, however, that the Navy Department has only authority and jurisdiction to pass upon claims not exceeding $500 in amount, and therefore could not be of assistance to us in this particular instance. Consequently, our client's sole remedy is to obtain a special act of Congress. I believe that you will agree with us in the conclusion that the claim is a meritorious one and one which is deserving of the consideration of the Congress. For your further information, we are enclosing herewith a copy of our letter of October 13, 1938, addressed to the Secretary of the Navy, and a copy of Acting Secretary of the Navy Leahy's reply addressed to us under date of November 3, 1938, both of which you will find self-explanatory. We are also handing you a photostatic copy of the newspaper account of this crash, which appeared in the Sunday edition of the January 9, 1938, Kansas City Star. We are also handing you a copy of the subrogation receipt executed by our client's assured, Anna E. Hurley. This information which I have given you in this letter, supplemented by that which is contained in the enclosures, constitutes all of the essential facts of this claim. Of course, we do not know what is contained in the report of the board of investigation for the United States Naval Reserve which is on file in the Navy Department. However, we believe that the report of that board as to the essential facts will coincide with what we have given to you. If you should require any further information about the claim, please notify us, and we shall endeavor to obtain it and supply you with it. We will greatly appreciate it if you can see your way clear to sponsor the type of special bill that we require and introduce the same in this next session of the Congress. Sincerely yours. E HARDING, MURPHY & TUCKER, SUBROGATION RECEIPT $1,300. KANSAS CITY KANS., June 1988. Received of the American Insurance Co. of New Jersey the sum of $1,300, being in full settlement of all claims and demands for loss and damage, on the 8th day of January 1938, to the property insured by policy No. 10484 issued at the Kansas City, Kans., agency of said company. In consideration of such payment the undersigned hereby assigns and transfers to the said company all claims and demands against any other party, person, persons, property or corporation, including United States of America, arising from or connected with such loss and damage, and the said company is hereby subrogated in the place of and to the claims and demands of the undersigned, against said party, person, persons, property, or corporation, including United States of America, to the extent of the amount above named, and the said company is hereby authorized and empowered to sue, compromise or settle in my name or otherwise to the extent of the money paid as aforesaid. The undersigned covenants that she has not released or discharged any such claim or demand against such other party, and that she will furnish to said company any and all papers and information in her possession, necessary for the proper prosecution of such claim. Dated at Kansas City, Kans. this 18th day of August 1938. (X) O ANNA E. HURLEY, Assured. HARRY VROUNTAS AND THEODORE VROUNTAS JUNE 23, 1939.-Committed to the Committee of the Whole House and ordered to be printed Mr. KEEFE, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 4275] The Committee on Claims, to whom was referred the bill (H. R. 4275) for the relief of Harry Vrountas and Theodore Vrountas, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Line 5, after the name "Vrountas" insert "of Allston, Massachusetts". Line 6, strike out the sign and figures "$5,000" and insert in lieu thereof "$433 and to the legal guardian of Theodore Vrountas, a minor, of Allston, Massachusetts, the sum of $300". Line 7, strike out the word "Government" and insert in lieu thereof "United States". Line 7, strike out the words "his minor son" and insert in lieu thereof "the said". At the end of the bill add: : 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 of the bill to read "For the relief of Harry Vrountas and Theodore Vrountas." The purpose of the proposed legislation is to pay to Harry Vrountas the sum of $433 and to the legal guardian of Theodore Vrountas, a minor, the sum of $300, in full settlement of all claims against the United States for injuries sustained by the said Theodore Vrountas when struck by a pipe being used on a Works Progress Administration project on May 3, 1938, in Allston, Mass. STATEMENT OF FACTS On the date mentioned at about 5 p. m., Theodore Vrountas, 4 years of age, was standing or walking upon the walk in front of his parents' home, located on Farrington Avenue, in Allston, Mass. A Works Progress Administration project was laying water mains on this street, which is a narrow thoroughfare. These were cast-iron pipes, 12 feet long. It seems that because of the narrowness of the street, the employees had laid the pipes inside the sidewalk line, preparatory to laying them in the trench. They were supposed to be blocked with stones or other blocking to prevent their rolling down across the sidewalk, but while this child was on the walk one of the sections of pipe rolled down onto the sidewalk, pinning the child thereunder and fracturing the right femur. As a result of this the child was taken to a hospital and laid up for approximately 3%1⁄2 weeks, and he has been left with a shortened leg. The actual expenses incurred amounted to $433. The Works Progress Administration has refrained from making any recommendation regarding the proposed legislation, but your committee is of the opinion that the Government employees were negligent in not properly blocking the pipes so as to prevent them from rolling onto the sidewalk. Your committee, therefore, recommends the payment of $433 to the father of the child for the expenses incurred, and the payment of $300 to the legal guardian of the child for his pain and suffering. The report of the Works Progress Administration is appended hereto, together with other pertinent evidence. WORKS PROGRESS ADMINISTRATION, The Honorable AMBROSE J. KENNEDY, Washington, D. C. MY DEAR CONGRESSMAN KENNEDY: Your records will disclose your communication of April 4, 1939, and my reply of April 7, 1939, relative to H. R. 4275, a bill for the relief of Harry Vrountas. The Administration's report is as follows: The bill proposes to appropriate the sum of $5,000 to Harry Vrountas "in full settlement of all claims against the Government for injuries sustained by his minor son, Theodore Vrountas, when struck by a pipe being used on a Works Progress Administration project on May 3, 1938, in Boston, Mass." From the evidence adduced by investigation, it appears that during the afternoon of May 3, 1938, a shipment of 12-inch water-main pipes was received by Works Progress Administration official project No. 65-14-8170, located on Farrington Avenue, Allston, Mass.; that, since this street was narrow in width and a trench had been excavated therein, in order to permit the passage of traffic over the street, the pipes were placed on the inside edge of the sidewalk; that these pipes were securely chocked in place by wood blocking and stones; that, on May 3, 1938, the project finished operations at 4:30 p. m.; and that, thereafter, between 5 and 5:30 p. m., while the project watchman was at another location on the project, one of the pipes rolled down the street and struck Theodore Vrountas, aged 4 years. Although not established, it is indicated that the blocks and stones used to keep the pipes in place were removed by children playing in the vicinity. Theodore Vrountas, however, does not appear to have been one of the children who caused the pipe to become loose. As a result of the accident, Theodore Vrountas suffered a complete fracture of the right femur and contusions of the right knee and ankle. In the opinion of this Administration, the foregoing facts fail to disclose negligence on the part of any of its employees in causing the accident. However, the file before the Administration contains no statements other than those of its investigators and project employees. The Administration, therefore, deems it advisable to refrain from expressing any recommendation for or against the enactment of the proposed legislation. It is possible that your committee is in possession of testimony presented by or on behalf of the claimant and, therefore, in a position to draw a proper conclusion in the matter. In the event that it is determined to give favorable consideration to the bill, it is suggested that it be amended so as to appropriate the amount decided upon to the legal guardian of the injured minor, in order that the award may be expended in accordance with the laws of the State of Massachusetts during the child's minority. It is also suggested that the address of the recipient of the appropriation be included in the body of the bill; that in line 7, the word "Government" be changed to "United States"; and that in line 9, the word "Allston" be substituted for "Boston". There are enclosed herewith photostatic copies of pertinent papers. CORRINGTON GILL, Assistant Administrator. STATEMENT OF MRS. EVANGELINE VROUNTAS I am the mother of Theodore Vrountas. I was sitting at the parlor window on May 3, 1938, at about 5 p. m., looking out into the street when suddenly I saw one of the pipes commencing to roll over the sidewalk without being touched by anybody. It was rolling toward the gutter and at that time my boy was standing in the middle of the sidewalk. I called to him to get away but it was too late. The pipe struck the boy, rolling him to the gutter. I ran out at once, and I found the pipe on top of my boy's right leg. I tried to lift the pipe but it was too heavy for me to move. No one was around to help me until about 10 minutes later when a boy came along and helped me to lift the pipe and pull my boy out from under it. I took him in my arms to the house, putting him on the bed. A gentleman came in to my house and asked me if I wanted help and I said, "Yes." I called my husband and a doctor who examined the boy and the doctor called the police station. The gentleman also called the same station and two officers with a car took my injured boy to the hospital at once. EVANGELINE VROUNTAS. MARCH 3, 1939. COMMONWEALTH OF MASSACHUSETTS, Suffolk, ss: Then personally appeared before me the above-named Evangeline Vrountas and made oath that the statements hereto subscribed by her are true. This is to certify that I, Thomas J. McCarthy, of 157 Brayton Road, Brighton, a police officer attached to division 14 of the Boston police department, was assigned to duty as rear-end man on the ambulance May 3, 1939, with Patrolman Albert E. La Rosee on duty as driver. That about 5:30 p. m. we were sent to 24 Farrington Avenue, Allston, where we found and removed therefrom, Theodore Vrountas, 4 years of age, whose home was at above address. He was taken to the Children's Hospital and after examination, was admitted for treatment of a fractured leg. Investigation of the circumstances of the accident: Patrolman La Rosee and I found that a section of water pipe, being used on construction work in a Works Progress Administration project at that location, was in some manner loosened from its fastenings, consisting of several small stones placed against it, causing it to roll and strike the Vrountas child. At a later hour, we found that the pipe sections had been made more secure by the use of 2- by 4-inch wooden blocks, placed on each side and at either end. |