farm of J. D. Ethridge, route 4, Eastman, Ga. The pilot bailed out and parachuted to safety and the plane went into a spiral dive, crashing into a field on the Ethridge farm. Mr. Ethridge heard the crash and he, accompanied by Alfred P. Scarborough, who was living in the Ethridge home, rushed to the scene of the accident with the purpose of rendering aid to any person who might be trapped in the wreckage. When they reached a point about 10 feet from the plane its gasoline tank exploded and both men were enveloped in flames, sustaining severe burns. Mr. Scarborough and Mr. Ethridge were taken from the scene of the accident to the Dodge County Hospital, Eastman, Ga., for treatment. Mr. Scarborough remained under treatment in the hospital for a period of 22 days, and Mr. Ethridge was under treatment in the hospital for 30 days. On September 14, 1943, Dr. W. H. Peacock, of the Dodge County Hospital, made the following_statement regarding the injuries sustained by Alfred P. Scarborough and J. D. Ethridge: "This is to certify that Mr. J. D. Ethridge and Mr. A. P. Scarborough were admitted to hospital suffering from severe burns. First- and second- degree burns of both arms, both legs, face, head, buttock, severe shock-this was the condition of Mr. Ethridge. Scarborough had second degree; first. face, head, neck, and buttock. "Treatment was instituted for shock. Local application of analgesic ointment. Disability will probably necessitate 10 to 14 days in hospital. "Plasma advised, will be given by Colonel Smith." On July 31, 1944, Mr. Scarborough was examined by an officer of the Medical Corps at the station hospital, Cochran Field, Macon, Ga., who made the following report: "Mr. A. P. Scarborough was examined by the undersigned July 31, 1944. There are present several irregular burned areas over the dorsum of both feet extending to lesser degree over the plantar surfaces of both feet. The resultant scars are well healed and do not cause any disability of the fect. Less severely burned areas are present on the fingers of both hands, causing no deformity.' Mr. Ethridge was also examined on the same date at the station hospital at Cochran Field and the examining officer made the following report: "Mr. J. D. Ethridge was examined by the undersigned July 31, 1944. The fingers of both hands show well healed scars, without deformity, apparently caused by old burns. There is an irregular scarred area on the flexor surface, right wrist, which does not appear to involve the tendons. This scar is of such a nature as to cause the right hand to have a slightly weaker grip than the left. The movement of the fingers of the right hand and the right wrist is unrestricted in all directions. Irregular burn areas measuring as large as 10 by 15 centimeters are present over both scapular areas. These are not particularly disfiguring nor do they appear to cause any disability. In other respects, the general health of the patient is compatible with his age." The records of the War Department show that as a result of the personal injuries sustained by them, Mr. Scarborough incurred medical and hospital expenses in the aggregate amount of $209, and that Mr. Ethridge incurred medical and hospital expenses in the aggregate amount of $306. At the time he was injured Mr. Scarborough was 53 years of age and had no dependents. He was employed as a forest worker at a weekly wage of approximately $18. Mr. Scarborough states that as a result of his injuries he was unable to work for a period of 63 days and sustained a loss of wages in the amount of $152. Mr. Ethridge at the time of the accident was 56 years of age. His wife, Mrs. Julia E. Ethridge, and his 16-year-old daughter, Lillian E. Ethridge, were entirely dependent upon him for their support. Mr. Ethridge is a farmer and was also, at the time he was injured, employed in a cotton mill, earning approximately $20.80 per week. He states that he was unable to work for a period of 4 months, thereby sustaining an actual loss in earnings in the amount of $353.60, and that because he was unable to harvest the crops on his farm or look after the livestock he sustained additional losses in the amount of $250. On September 27, 1943, Alfred P. Scarborough filed a claim with the War Department in the amount of $300 for the personal injuries sustained by him in this accident. Mr. Scarborough's claim was approved by the Department on June 27, 1944, in the amount of $209 (medical and hospital expenses actually incurred), which amount the claimant agreed to accept in full satisfaction and final settlement of his claim, reserving his right to any amount which may be awarded to him through special relief legislation in-Congress. That claim is now in process for payment. On September 27, 1943, J. D. Ethridge filed a claim with the War Department in the amount of $500 for the personal injuries sustained by him in this accident. Mr. Ethridge's claim was approved by the Department on May 27, 1944, in the amount of $306 (medical and hospital expenses actually incurred), which amount the claimant agreed to accept in full satisfaction and final settlement of his claim, reserving his right to any amount which may be awarded to him through special relief legislation in Congress. This claim is now in process for payment. The evidence fairly establishes that the accident and resulting personal injuries of Alfred P. Scarborough and J. D. Ethridge were not caused by any fault or negligence on their part, but were caused by the mechanical failure of an instrumentality of the Army for which the United States may properly assume responsibility. It is, therefore, the view of the War Department that Mr. Scarborough and Mr. Ethridge should be reasonably compensated for the personal injuries which they have sustained. Considering the fact that all medical and hospital expenses in connection with this case have been administratively settled by the War Department, the amounts of the awards proposed in the bill, $1,000 and $1,500, respectively, are somewhat excessive. The Department would not, however, oppose the enactment of the bill if it should be so amended as to provide for an award of $300 to Mr. Scarborough and an award of $600 to Mr. Ethridge, which, it is believed, would constitute fair and reasonable settlements of the claims. For the purpose of accuracy the spelling of the word "Etheridge" as it appears in the title and on lines 7, 11, and 13 of the bill should be changed to "Ethridge". 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, STATE OF GEORGIA, Dodge County: In person before the undersigned officer of the State and county aforesaid authorized to administer oaths in and for the same, hath appeared, A. P. Scarborough, a person well known to the undersigned officer, and who, being sworn, on oath, deposeth and saith, as follows: 1. That he was very severely burned on September 13, 1943, when attempting to rescue what he supposed to be a pilot in a fallen United States Army airplane. 2. That in consequence of such severe burns and the shock attendant thereto, he was admitted to the Dodge County Hospital, very shortly thereafter on the 13th day of September 1943, and remained therein under continuous medical care and attention for 25 days, being discharged therefrom on the 8th day of October 1943. 3. That in consequence of such shock and burns the affiant suffered intense pain, and lost from his work the 25 days he was in the hospital, and not less than 10 weeks immediately thereafter he was unable to work on this particular account. 4. That in further consequence of such shock and burns the affiant is now considerably disabled in and about his feet, and suffers a great deal if he has to walk a great deal or wear his shoes a very long time, and thereby he is handicapped in following his regular vocation, that of a hired farm hand. 5. That as a result of this, affiant incurred an account at the Dodge County Hospital, Eastman, Ga., Dr. W. H. Peacock, M. D., resident physician, and such account is unpaid in the total sum thereof, i. e., $209, and that affiant of his own means lacks the ability to pay such account in part or in whole. 6. Further, the affiant saith not. STATE OF GEORGIA, Dodge County: A. P. SCARBOROUGH. In person before me came the above and has sworn to and subscribed to the foregoing statements on this the 29th day of April 1944. [SEAL] Commission expires July 29, 1947. CARY G. BULLOCK, Notary Public STATE OF GEORGIA, Dodge County: On September 13, 1943, A. P. Scarborough, a person resident in the State and county aforesaid, entered the Dodge County Hospital, Eastman, Ga., at which the undersigned was resident physician. Mr. Scarborough was suffering from shock, and severe burns in the first, second, and third degree of the face, neck, back, buttocks, and legs, and second and third degree burns of the feet, occasioned by his being barefooted at the time he approached the fallen United States Army airplane to attempt rescue of the pilot thereof whom he thought was still in the fallen airplane. No permanent disabilities were incurred other than in the feet. Scar tissue occasioned by burns on feet have caused some loss of function of toes. The amount of disabilities incurred in the feet are associated with the fact that his feet were exceedingly tender. Being a wage-hand engaged in farm labor and having to plough and do considerable general farm labor, a considerable handicap in his vocation has resulted. He is unable to wear his shoes very long, as his shoes have a tendency to cause severe pain and burning. Pellegra may be a factor but it never was heretofore. There is some evidence that severe burns in the future may cause peptic or duodenal ulcers. In my opinion, he has suffered as a result of these burns not less than a 20percent disability. Therefore, I feel that a $500 settlement would be just, and a minimum allotment for this injury and to compensate him for pain, suffering, and the loss of time which has resulted. Mr. Scarborough was discharged from the hospital on the 8th day of October 1943, after being there 25 days continuously undergoing hospitalization and treatment for the above. STATE OF GEORGIA, Dodge County: W. H. PEACOCK, M. D. The above statement sworn to and subscribed to by Dr. W. H. Peacock, in person before the undersigned officer of the State and county aforesaid on this the 29th day of April 1944. (SEAL) Commission expires July 29, 1947. STATE OF GEORGIA, Dodge County: CARY G. BULLOCK, Notary Public. In person before me the undersigned officer of the State and county aforesaid, hath appeared W. H. Peacock, M. D., a physician of the State and county aforesaid, who, being known to the undersigned officer, and who, being sworn, on his oath, deposeth and saith, as follows: That he was a resident physician of the Dodge County Hospital, and partially interested therein, during the period extending from September 13, 1943, to October 8, 1943. That one A. P. Scarborough entered the said hospital on September 13, 1943, suffering severe burns and shock, and was admitted for hospitalization and treatment, and was discharged from such hospital on the 8th day of October 1943, after 25 days of continuous treatment. That the said A. P. Scarborough is indebted to the Dodge County Hosptal in the sum of $209, and that said sum includes all the following charges, i. e.— 1. Twenty-five days' hospitalization. 2. Complete medical care and attention during period. 3. Complete nursing service during period. 4. Complete surgical attention insofar as needed. H. Repts., 79-1, vol. 1- -90 5. Such drugs and toilet articles as were necessary. 6. Ambulance fees as were necessary. That at the time of making this affidavit said sum of $209 was unpaid. STATE OF GEORGIA, County of Dodge: W. H. PEACOCK, M. D. Sworn to and subscribed to in person before me on this the 29th day of April 1944. [SEAL] Commission expires July 29, 1947. STATE OF GEORGIA, Dodge County: CARY G. BULLOCK, Notary Public. In person before the undersigned officer authorized to administer oaths in and for the State and county aforesaid, hath appeared J. D. Ethridge, who, being known to the undersigned officer, and who, being sworn, on his oath, deposeth and saith as follows: 1. That he was seriously burned about the face and hands on September 13, 1943, when he attempted, in company with Mr. A. P. Scarborough to rescue a pilot from a fallen Army airplane. 2. That unknown to him and Mr. Scarborough the said pilot had bailed out of the Army airplane before it crashed, and as a consequence of their approach to the airplane and the explosion ensuing they were both seriously burned, the affiant being the most seriously burned. 3. That as a result of this accident the affiant spent 31 days in the Dodge County Hospital, and lost that time from his work, and 4 months in all from the beginning of the accident to the resumption of his duties. That the actual loss in money was $353.60, and the loss of the use of his arms freely has further caused a very considerable vocational handicap, inasmuch as he was employed as a textile hand in local cotton mill. 4. That as a result of the accident the affiant incurred a hospital bill in the sum of $306 at the Dodge County Hospital for complete hospitalization, medical care, surgical attention, nursing care, drugs, and toilet articles, and ambulance fees as were necessary in affiant's case and treatment, and that this sum at the date of making this affidavit is unpaid. 5. Further the affiant saith not. J. D. ETHRIDGE. Sworn to and subscribed to before me at Eastman, Dodge County, Ga., by the aforesigned affiant, on this the 3d day of May 1944. [SEAL] Commission expires, July 29, 1947. Cary G. BULLOCK, Notary Fublic. Mr. J. D. Ethridge was brought to the Dodge County Hospital where I was resident physician on September 13, 1943, suffering from severe condition of shock as a result of burns sustained in an airplane crash and consequent explosion of the tank of said airplane on Mr. Ethridge's farm about 6 miles south of Eastman, Dodge County, Ga. Mr. Ethridge was in a severe state of shock. He had sustained severe second and third degree burns over the entire face, neck, hands, legs, thighs, buttocks and back, chest and stomach. He was given treatment by the Dodge County Hospital for shock, plasma was administered. Mr. Ethridge it was thought had a very doubtful chance of recovering; however, he recovered with a minimum of permanent and total disabilities. The burns on hands were so severe scar tissue has caused contraction of the tendons, fingers, and hands. He has permanent 50percent disability of his hands. He is at present unable to close his hands, but in time this condition may improve with usage; however, there is a possibility that it will be permanent. Burns around the face and eyes occasion some weakness of his eyes, and some disfiguration of features of his face also. Mr. Ethridge has multiple scars over his body, legs, in more or less degree. In my opinion Mr. Ethridge has been sorely handicapped as a result of this accident in the earning of a living. His hands incapacitate him for most types of work in which he was heretofore engaged. He is entitled to not less than $1,000 which is a conservative estimate of the damages incurred by him. I hope that he will be accorded this amount as he is an old man, and it will facilitate sustenance possibly for the remainder of his life. W. H. PEACOCK, M. D. Sworn to and subscribed to before me this 16th day of May 1944 at Eastman, Dodge County, Ga. [SEAL] Commission expires July 29, 1947. STATE OF GEORGIA, Dodge County: CARY G. BULLOCK, Notary Public. In person before the undersigned officer of the State and county aforesaid, hath appeared W. H. Peacock, M. D., a physician of the State and county aforesaid, who, being known to the undersigned officer, and who, being sworn, on his oath, deposeth and saith, as follows: That he was a resident physician of the Dodge County Hospital and partially interested therein during the time such hospital was in operation. That one John D. Ethridge was admitted to said hospital on September 13, 1943, and was discharged therefrom October 14, 1943, and at time of admittance was suffering from severe shock and third degree burns about the face and hands, for which he was given by said hospital 31 days of continuous hospitalization and treatment. That said shock and severe burns were incurred by reason of Mr. Ethridge attempting to rescue what he thought was a pilot in a fallen United States Army airplane in Dodge County, Ga., on the 13th day of September 1943. That the said John D. Ethridge is indebted to the Dodge County Hospital in the sum of $306 and that said sum includes all of the following charges, i. e. 1. Thirty-one days hospitalization as above. 2. Complete medical care and attention during such period. 3. Complete nursing service during such period. 4. Complete surgical attention insofar as was needed. 5. Such drugs and toilet articles as were necessary. 6. Ambulance fees as were necessary. That at the time of making this affidavit said sum of $306 was unpaid. Further, the affiant saith not. STATE OF GEORGIA, Dodge County: W. H. PEACOCK, M. D. Sworn to and subscribed to in person before me on this the 29th day of April 1944. Commission expires July 29, 1947. |