Prior to this accident, F. L. Gause had made a living for himself and family by doing semiskilled labor, the type of work which required the use of both arms and hands. Gause is an uneducated man and is unable to do any type of work other than manual labor or semiskilled labor, such as a helper. According to the American Experience Mortality Table, F. L. Gause has a life expectancy of 29.62 years and Rosalind Gause has a life expectancy of 51.22 years. STATEMENT OF ACCIDENT On Sunday, February 21, 1943, at about 11:30 or 11:45 a. m., Mr. Gause and several members of his family were riding on that portion of West Beach of Galveston Island, Texas, which is used as a traveled thoroughfare, close to what is commonly referred to as the Thirteen Mile Road. The weather was warm and clear and the sum was shining brightly. Gause was traveling in a westerly direction when he noticed an Army bomber approaching him from the west about a mile or so down the beach. The bomber was so low, that he called it to the attention of his children in the car. The bomber proceeded on toward where Gause was traveling at a very low altitude. There were several cars scattered on the beach and the bomber approached them at an extremely low altitude, ascending sufficiently to pass over them and then descending again. This happened up until the time the bomber approached the Gause car. It failed to ascend sufficiently to clear such vehicle. Statements of eye-witnesses attached hereto conclusively show that the bomber was not in any difficulty. The accident resulted in the Gause car being completely demolished, its occupants being severely and permanently injured, and complete destruction of the bomber and the death of its entire crew of five. This entire tragedy was brought about by the pilot of the bomber diving his ship at various cars lawfully on a recognized highway in an attempt to frighten the occupants of such vehicles. See attached statements. INJURIES OF F. L. GAUSE As the result of this collision, Mr. Gause received numerous and severe contusions and abrasions over his entire body. His left arm was so badly shattered at the elbow joint that it was necessary to remove the elbow, which rendered his left arm hopelessly useless, as the only thing holding it together at the elbow is flesh. There has been considerable atrophy in his entire left arm due to nonuse, which will continue. Prior to this accident F. L. Gause was left-handed, which further complicates the serious situation. See medical report attached hereto of Dr. G. W. N. Eggers, a specialist in orthopedic surgery and on the staff of the University of Texas Medical School. INJURIES OF ROSALIND GAUSE As the result of this accident, Rosalind Gause had her skull fractured, and when she was taken to the hospital, part of her brain was sticking out. Because of the severity of the injury, it was necessary to remove a certain portion of her brain. which has left her practically paralyzed on her entire right side, including the features on the right side of her face down to her foot. When she walks, it is necessary to drag her right foot. She has but very little use of her right hand. Her speech has been affected, and as a further result of the removal of a portion of her brain, her mind has been affected and she has become an imbecile. There is absolutely no hope of recovery. Specialists predict that as a result of this accident, she will be subject to fits. Such condition now exists. Since the medical report on Rosalind Gause, she has undergone one such experience. This baby girl, who is now 4 years of age, has a life expectancy of 51.22 years, during which time she will be a hopeless cripple and imbecile. She will have to be waited upon and taken care of the rest of her entire life. See medical report of Dr. S. R. Snodgrass, associate professor of surgery at the University of Texas Medical School and report of Dr. John M. Thiel, assistant professor of surgery at the University of Texas Medical School. INJURIES OF HELEN GAUSE As the result of this accident, Helen Gause suffered a fractured skull. There is a permanent scar completely across her forehead, resulting in disfiguring her for life. The skull was depressed leaving a flat place. She has suffered excrutiating pain. See medical report of Dr. John M. Thiel, assistant professor of surgery at the University of Texas Medical School. H. Repts., 79-1, vol. 1-27 DAMAGES TO F. L. GAUSE F. L. Gause has asked for damages in the sum of $15,000. This figure is arrived at by assuming that Mr. Gause's earning capacity in the future has been reduced by $50 per month, he being an unskilled workman who will not be able to compete with able-bodied workmen for the remainder of his life. Mr. Gause has a life expectancy of 29.62 years, or 354 months. He may be expected to lose, by reason of his disability, the sum of $50 per month, or a total of $17,700, $2,700 more than he is seeking as damages. This figure does not include the unbearable pain and suffering he has gone through, the embarrassment of not being able to provide for his family, the embarrassment of walking down the street and having his left arm swing like an empty coat sleeve, and all the other many embarrassing situations which would naturally follow from the removal of the elbow. DAMAGES TO ROSALINC GAUSE Rosalind_Gause is 4 years of age and, according to the American Experience Mortality Table, she has a life expectancy of 51.22 years. She will live 51.22 years a hopeless cripple and imbecile, unable to provide for and take care of herself in any manner. For damages, she has asked, through her father, the sum of $25,000. This sum of money is arrived at by allowing $50 per month as support and maintenance for the rest of her life.. Such sum is clearly not an adequate amount to support and take care of a person in her hopeless condition. DAMAGES TO HELEN GAUSE Helen Gause is seeking damages here of $1,500 for the fracture of her skull. The fracture to her skull was a severe fracture and left a scar completely across her forehead, and left a flat place on her forehead which is also visible. In all probability, according to the medical reports, she will suffer and be handicapped in the future. DAMAGES TO AUTOMOBILE Mr. Gause, at the time of this accident, was driving a 1935 Ford coach, which he purchased several months prior to the accident for approximately $90, and by working on the car himself, and adding a number of new parts, he had enhanced its value to approximately $130. Immediately after the collision the car sold as junk for $16. DOCTOR BILLS Mr. Gause is seeking the recovery of the actual amount of the doctor bills and hospital bills, which have been rendered to himself and family up to this date. Total damages, doctor bills, and hospital bills GALVESTON, TEX., December 15, 1943. G. W. N. Eggers, M. D., to Francis L. Gause, for professional services, $350. Sworn to and subscribed before me this 15th day of December 1943, to certify which, witness my hand and seal of office. [SEAL] IDA NEVELOW, Notary Public in and for Galveston County, Tex. My commission expires May 31, 1945, GALVESTON, TEX., December 20, 1943. John M. Thiel, M. D., to Mr. F. L. Gause, Oleander Homes, Galveston, Tex., for professional services to Rosalind Gause, $750. JOHN M. THIEL, M. D. M. L. FROST, Sworn to and subscribed before me this 20th day of December 1943. [SEAL] Notary Public in and for Galveston County, Tex. GALVESTON, TEX., June 29, 1943. Rosalind Gause, to Dr. S. R. Snodgrass, debtor, for professional services, $100. GALVESTON, TEX., December 20, 1943. John M. Thiel, M. D., to Mr. F. L. Gause, Oleander Homes, Galveston, Tex., for professional services for Helen Gause, $250. JOHN M. THIEL, M. D. M. L. FROST, Sworn to and subscribed before me this 20th day of December 1943. [SEAL] Notary Public in and for Galveston County, Tex. GALVESTON, TEX., December 20, 1943. John Sealy Hospital to Francis LeRoy Gause, 25-D Oleander Homes, Galveston, Tex., for hospital care of self. Feb. 21. Ward charges February 21 to March 1, 11 days. $27.50 7.50 10.00 10. 00 3.00 3. 00 3.00 3. 00 1. 50 2.00 55.00 7.50 10. 00 10.00 18.00 16. 50 187. 50 I do solemnly swear that the attached claim in favor of John Sealy Hospital against Francis LeRoy Gause is just and true and that all legal offsets, payments and credits known to me, the affiant, have been allowed. I further swear that I am cognizant of the facts contained in this my affidavit. M. HAWKINS, Assistant cashier and bookkeeper. Sworn to and subscribed by the said M. Hawkins before me this the 21st day of December 1943. [SEAL] WILLIAM D. DECKER, Notary Public, Galveston County, Tex. GALVESTON, TEX., December 20, 1943. John Sealy Hospital to Francis LeRoy Gause, 25-D Oleander Homes, Galveston, Tex., for hospital care of self: June 18. Ward charges, June 18 to July 1, 13 days_ 25. Major operating room.. General anesthetic_ Hypodermics.. Splint applied Routine laboratory examination.. July 6. Physiotherapy treatments.. Total---- THE STATE OF TEXAS, County of Galveston: $32.50 10. 00 10. 00 .90 2.50 3. 00 3.00 7.50 7.50 76.90 I do solemnly swear that the attached claim in favor of John Sealy Hospital against Francis LeRoy Gause is just and true and that all legal offsets, payments, and credits known to me, the affiant, have been allowed. I further swear that I am cognizant of the facts contained in this my affidavit. M. S. HAWKINS, Assistant Cashier and Bookkeeper. Sworn to and subscribed by the said M. Hawkins before me this the 21st day of December 1943. [SEAL] WILLIAM D. DECKER, Notary Public, Galveston County, Tex. GALVESTON, TEX., December 21, 1943. John Sealy Hospital to Francis LeRoy Gause, 25-D Oleander Homes, Galveston, Tex., for hospital care of Rosalind Gause (daughter): Feb. 21. Ward charges, Feb. 21 to Mar. 1, 11 days.. X-ray of skull....... Operating room, major.. 24. Blood transfusion_. Blood typing---- Blood cross matching Blood eagle_-_ Routine laboratory examination.... $27.50 15,00 10.00 10.00 5.00 3.00 1.00 1.50 3.00 THE STATE OF TEXAS, County of Galveston: I do solemnly swear that the attached claim in favor of John Sealy Hospital against Francis L. Gause, is just and true, and that all legal offsets, payments, and credits known to me, the affiant, have been allowed. I further swear that I am cognizant of the facts contained in this my affidavit. M. HAWKINS, Assistant Cashier and Bookkeeper. Sworn to and subscribed by the said M. Hawkins before me this the 21st day of December 1943. [SEAL] WILLIAM D. DECKER, Notary Public, Galveston County, Tex. GALVESTON, TEX., December 21, 1943. John Sealy Hospital to Francis L. Gause, 25-D Oleander Homes, Galveston, Tex., for hospital care of Helen Gause: Feb.. Ward charge, Feb. 21 to Mar. 1, 11 days.. Operating room, major operation.. General anesthetic.. X-ray of skull....... 1,500 units tetanus antitoxin.. Routine laboratory examination_. Smear from vagina.. Drugs and medications. $27.50 10. 00 10. 00 15. 00 1. 25 3.00 2.00 1.50 25. 00 15. 00 110. 25 I do solemnly swear that the attached claim in favor of John Sealy Hospital against Francis L. Gause, is just and true and that all legal offsets, payments, and credits known to me, the affiant, have been allowed. I further swear that I am cognizant of the facts contained in this my affidavit. M. HAWKINS, Assistant Cashier and Bookkeeper. Sworn to and subscribed by the said M. Hawkins before me this the 21st day of December 1943. (SEAL] WILLIAM D. DICKER, Notary Public, Galveston County, Tex. CLAIM FOR DAMAGES SUBMITTED TO War DepartmENT (AR 25-20) Claimant, name and address: F. L. Gause, Rosalind Gause, and Helen Gause, care of Oleander Homes, Galveston, Tex. Amount of claim: Doctors' bills, $1,450; hospital bills, $556.65; property damage, $114; personal injury, $41,500; total, $43,620.65. Date of accident: February 21, 1943; hour, 11:30 a. m.; place, west beach of Galveston Island, Tex. State below, in detail, all known facts and circumstances attending the damage or injury, identifying persons and property involved and agency which was the cause or occasion thereof: F. L. Gause is the father of Rosalind Gause, 4 years of age, and Helen Gause, 6 years of age. Accident or incident: F. L. Gause was driving his car, accompanied by a portion of his family, when an Army bomber dived into the car, severely and critically injuring these claimants and killing all of the occupants of the Army bomber, completely demolishing Gause's car and the airplane. (See attached statements of eyewitnesses.) |