Lapas attēli
PDF
ePub

STATE OF COLORADO,

AFFIDAVIT OF EFFIE S. CAMPBELL

County of El Paso, ss:

Effie S. Campbell, being first duly sworn upon oath, deposes and says that: I reside at 17 East Espanola, Colorado Springs, El Paso County, Colo.

That on October 17, 1943, at about 3:10 p. m., I was driving my 1935 Ford sedan south on Tejon Street in the city of Colorado Springs. As I approached the intersection of Tejon and Vermijo Streets, I looked both to the east and west for cars coming along Vermijo but saw none at all. I was proceeding very slowly, at about 15 miles per hour, or less, because I intended to stop at Aley's drug store in the next block. As I entered the interesection, a Government Red Cross ambulance, driving at a high rate of speed in the middle of the street, suddenly appeared directly in front of my car. The amublance came on us so suddenly and so fast that it was impossible to avoid a collision, even though I applied the brakes of my car immediately upon seeing the ambulance. The amublance was proceeding east on Vermijo Street. The cars collided; the front of my car coming in contract with the left side of the ambulance. Due to the excessive speed of the ambulance it turned over, and also dragged my car somewhat to the left. My car stopped immediately and did not turn over, but the front thereof was severely damaged. At the time of the accident, the front windows were down on my car and I hear perfectly. I did not hear any siren or horn of the ambulance, and I am positive that the ambulance was not giving any signal whatever at the time of the accident, or prior thereto. The ambulance appeared to be driving in the middle of Vermijo Street, and I do not believe that I had proceeded quite half way across the intersection at the time of the collision.

I suffered a broken knee cap and also a broken ankle bone on the left leg at the time of the collision, and was confined in Glockner Hospital in Colorado Springs for many weeks. Dr. Charles F. Stough of Colorado Springs was my attending physician.

Although more than a year has elapsed at this time, I am still very lame and suffer a great deal of pain in my left knee and ankle, as the result of the accident, and cannot get around without the use of a cane.

The entire front end of my automobile was smashed and the damage to the car resulted in a loss to me of $321.86.

EFFIE S. CAMPBELL.

Subscribed and sworn to before me this 22d day of November A. D. 1944. My commission expires May 28, 1946.

[SEAL]

AUGUSTA S. WILLIAMS,

Notary Public.

COLORADO SPRINGS, COLO., September 1, 1944.

Re: Mrs. Norman M. Campbell.

To Whom It May Concern:

The injury received in an automobile accident was a comminuted fracture of the left patella and a slight chip off one of the ankle bones. Patella demanded open operation with sutures.

Very truly yours,

Re Mrs. Effie Campbell.

CHAS. F. STOUGH, M. D.

COLORADO SPRINGS, COLO., January 3, 1944

Mr. DAVID P. STRICKLER,

City.

DEAR MR. STRICKLER: Mrs. Campbell's injuries were received in a collision between her automobile and an Army ambulance, on Tejon Street, and consisted of a comminuted fracture of the left patella and a fracture in the left ankle which was without displacement.

It is my opinion that the total duration of her disability will be about 20 weeks, although it may be somewhat longer on account of her age. Her condition is excellent at the present time and she is improving daily but necessarily requires much time to limber her joints and put her in position to continue with her necessary daily work.

My bill for same was $100.

Very truly yours,

CHAS. F. STOugh, M. D.

JANUARY 1, 1944.

Mrs. Norman M. Campbell, 17 East Espanola Street, City, to Charles F. Stough, M. D., Dr.

For professional services: $100.

COLORADO SPRINGS, COLO.,
December 1, 1945.

Mrs. Effie Campbell, 17 East Espanola, Colorado Springs, Colo., to Colorado Springs Visiting Nurse Association, Dr.

To services rendered: 20 visits, at $1 per visit, from October 30 to November 24, 1943, inclusive, $20.

Paid by check, December 1, 1943.

COLORADO SPRINGS, COLO.,

December 1943.

The Johnson-English Drug Co. in account with Mrs. Norman Campbell, 17 East Espanola, City:

[blocks in formation]

COLORADO SPRINGS, COLO., November 1943.

The Johnson-English Drug Co., in account with Mrs. Norman Campbell, 17

East Espanola, City:

[blocks in formation]

Nov. 2 Alcohol, 50 cents; R 72440, 39 cents; tax, 2 cents.

Nov. 22 4 roses..

Nov. 24 Sherry wine..

Paid Dec. 1, 1944.

Charges $0.91

2. 48

1.80

5. 19

COLORADO SPRINGS, Colo., October 1944.

The Johnson-English Drug Co., in account with Mrs. Norman Campbell, 17

East Espanola, City:

Oct. 1 100 cups

$2.97

Tax..

. 06

Total

3. 03

Paid November 1, 1944.

Mrs. N. M. Campbell, 17 East Espanola, in account with the Regal Drug Co.:

[blocks in formation]

Mrs. N. M. Campbell, 17 East Espanola, in account with the Regal Drug Co.: Nov. 11:

[blocks in formation]

This is to certify that I received $16 in December from Mrs. Effie S. Campbell for helping her to walk after the injury to her knee and ankle last October. JAMES S. LAHAYE.

No. 471.

[Bank check]

COLORADO SPRINGS, COLO., June 1, 1944.

The First National Bank of Colorado Springs: Pay to the order of BirdsallStockdale, Four Seventy-one and 86/100 dollars ($471.86).

EFFIE S. CAMPBELL.

COLORADO SPRINGS, Colo.,
October 30, 1944.

Mrs. Norman Campbell, 17 East Espanola, in account with the Ambulance Service Co.: October 27: Ambulance service from Glockner Hospital to residence, $5.

COLORADO SPRings, Colo.,
April 18, 1944.

Visiting Nurse Association of Colorado Springs, for professional services: Six visits at $1 per, made on March 2, 4, 6, 8, 10, and 14, 1944, $6. Paid by check, April 19, 1944.

COLORADO SPRINGS, COLO.,

September 1, 1944.

Visiting Nurse Association of Colorado Springs, for professional services to Mrs. Norman Campbell. Total of 42 visits at $1 per visit, $42.

Bedside nursing services on October 10; November 1, 2, 3, 4, 5, 6, 8, 9, 10, 12, 13, 15, 16, 17, 18, 19, 20, 22, 24, 26; December 30, 31, 1943; January 3, 6, 8, 10, 13, 17, 20, 22, 24, 26, 29; February 1, 4; March 2, 14, 6, 8, 10, 14, 1944.

COLORADO SPRINGS, August 31, 1944.

Mrs. Effie Campbell, to Glockner Sanatorium and Hospital, debtor.
Board and room from October 17 to October 27, $92.42.

[blocks in formation]

EFFIE S. Campbell.

None of these women are in the city and I cannot locate them.

[blocks in formation]

FEBRUARY 27, 1945.-Committed to the Committee of the Whole House and ordered to be printed

Mr. JENNINGS, from the Committee on Claims, submitted the

following

REPORT

[To accompany H. R. 1567]

The Committee on Claims, to whom was referred the bill (H. R. 1567) for the relief of Katherine Smith, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

In line 6 strike out the figures "$4,722" and insert in lieu thereof the figures "$4,772”.

In line 7 strike out the words "satisfaction of her claim for damages" and insert in lieu thereof the words "settlement of all claims". In lines 7 and 8 strike out the words "Government of the".

The purpose of the proposed legislation is to appropriate the sum of $4,772 to Katherine Smith, of Pleasant Street, Marion, Mass., in full settlement of all claims against the United States for personal injuries sustained as the result of a collision between the car in which she was riding and a United States Army truck on Route No. 28, in the town of Wareham, Mass., on April 20, 1942.

STATEMENT OF FACTS

It appears that on April 20, 1942, at about 1:40 p. m., an Army 2%1⁄2-ton truck, operated by an enlisted man on official business, was proceeding east on United States Highway No. 28, in Wareham, Mass., at an estimated speed of from 20 to 25 miles per hour, approaching the intersection of Highway No. 28 with Highway No. 6. The weather was misty and the pavement near the intersection was wet and oily.

At the same time a 1940 Plymouth sedan, owned and operated by Miss Katherine Smith, of Marion, Mass., was stopped, facing east on Highway No. 28, behind a civilian truck waiting at the intersection

H. Repts., 79-1, vol. 1-91

of Highway No. 28 and Highway No. 6 for an electric traffic light to change from red to green. As the Army truck neared the two stopped civilian vehicles he applied his brakes, but the Army truck skidded on the slippery pavement and he was unable to avoid crashing into the rear of the Smith automobile, forcing it forward and into the civilian truck ahead. As a result of the accident the Smith vehicle was extensively damaged and Miss Katherine Smith sustained a severe injury to her left leg.

Miss Smith was taken from the scene of the accident to the Tobey Hospital, where her leg was X-rayed. She was treated by Dr. Raymond H. Baxter, of Marion, Mass. On April 29, 1942, Dr. Baxter made the following statement:

This is to certify that Katherine L. Smith is under my care, following an accident involving an Army truck. This occurred on April 20, 1942. She has a severe lower leg injury with deep hemorrhage in the calf muscles and the posterior ligaments of the left knee. The total disability will be 4 to 5 weeks. There are no other injuries.

Miss Smith was also treated by several other doctors. Dr. Thomas B. Horan, of New Bedford, Mass., made the following statement on May 20, 1943, concerning her condition:

That this patient received a very severe injury to her left leg. She was first seen by me on May 20, 1942, at this time she had a complete foot drop due to an injury to the common perineal nerve with marked hemorrhage under the skin. She has been under the care of numerous physicians, including myself, and has had one operation performed upon this leg. At that time an abscess of the soft tissue was encountered. Now the patient has no motion below the knee of this leg. She walks with a very marked limp and this condition is permanent, in my opinion.

At the time of the accident Miss Smith was 32 years of age and was unmarried. She contributed the sum of $15 per week toward the support of her father, Frederick Smith, but had no other dependents. The records indicate she incurred expenses in the amount of $772. In the report of the War Department, dated September 5, 1944, they state:

The evidence clearly establishes that the accident and resulting personal injuries sustained by Katherine Smith were not caused by any fault or negligence on her part, but were caused solely by the negligence of the Army driver in failing to keep his vehicle under proper control as he approached a red traffic light so that he could stop without skidding into other vehicles lawfully stopped in obedience to the traffic signal. It is, therefore, the view of the War Department that Miss Smith should be reasonably compensated for the personal injuries sustained by her. Considering the heavy medical and hospital expenses which she has incurred, and as she appears to have sustained a serious permanent disability, the amount of the proposed award, $4,772, is believed to be fair and reasonable. The War Department, therefore, has no objection to the enactment of the bill.

Your committee is of the opinion that Miss Smith should be compensated for the injuries sustained by her. An award of $4,772 seems fair and reasonable in view of her permanent disability. There fore, your committee recommends favorable consideration to the proposed legislation as amended.

Appended hereto is the report of the War Department, together with other pertinent information.

« iepriekšējāTurpināt »