"There were no persons injured except this young boy, Louis Cinqulio [Ciniglio). age approximately 11 years. "When we arrived at the Englewood Hospital, Englewood, N. J., we got the boy admitted almost immediately, and he received every possible attention from the hospital physicians. "The road was a four- [six-] lane highway. "We were on official business for the Army Air Forces, On July 12, 1943, the Government driver made the following supplementary sworn statement, concurred in by the commissioned officer who was riding with him at the time of the accident: 66* * * I was driving a Government car speed of between 40 and 50 miles per hour. at the approximate "A small boy darted from behind shrubbery bordering the right side of the highway approximately 150 feet ahead, and passed across the lane in which the car was proceeding. I took my foot off the accelerator and applied the brakes gradually, at the same time steering the car to the right in order to pass well behind the boy. "When the car was nearly at the spot where the boy had crossed, he suddenly stopped, turned, and dashed back in the direction from which he had come. "Realizing that if I continued as I was, the boy would collide with the car near the edge of the highway, I immediately turned the wheel toward the center of the highway in an effort to again pass behind him. "At the same time I applied the brakes forcibly thereby locking all four wheels. Under these conditions the car skidded ahead and to the left, turning as it did so. "At the instant that I changed direction and locked the brakes, the boy again abruptly reversed his direction, and ran directly in front of the car. * "This is an arterial highway, and this young boy appeared very suddenly without any warning, and ran out into the road. I did not see him until he was in the middle of the road, and I did everything that I could to avoid hitting him, but he ran out into the road so rapidly, ran back toward the curb once, ran back into the middle of the road again, and it was impossible to avoid hitting him. Heinrich Muller, an eyewitness to the accident, on June 21, 1943, made the following sworn statement: "I hereby state that I was sitting on the front steps to my residence, located at 130 East Edsall Avenue, Palisades Park, N. J., at about 2:45 p. m., June 19, 1943, when an accident occurred between a Government car and young Louis Ciniglio. I saw the entire accident happen. "The Government car started applying its brakes and screeching about 100 feet before striking the child. The driver of the Government car tried to avoid hitting the child and swung his car completely around to avoid running over the child. The accident occurred about the middle of the highway, a short distance from the curb, opposite the Plaza Service Station, route No. 6. "The boy (Ciniglio) appeared to be chasing a ball which rolled into the highway. No other children were there at the time. The front part of the car struck the boy." The chief of police of Palisades Park, N. J., states that "The speed limit has been reduced at this section of route No. 6 [from 40 miles per hour] to 35 miles per hour upon the recommendations of the Federal Government to the State highway patrol enforcement agencies. The reduction in the speed limit was brought about by war emergency measures.' The case report of the Community Hospital of the Northern Valley, Englewood, N. J., to which institution Louis Ciniglio, Jr., was taken for treatment after the accident, reads as follows: "LOUIS CINIGLIO, AGE 11 YEARS, 227 EAST RUBY AVENUE, PALISADES PARK, N. J. 'Dates in hospital: June 19, 1943, 4 p. m., to August 18, 1943. 'Diagnosis: compound comminuted fracture of right humerus, shaft, lower third. Fracture of skull, base. Laceration of brain. Contusion and abrasion of frontal area of head and of left elbow region. Fracture of right scapula. Course: Repeated lumbar punctures, symptomatic treatment for head injury. On July 14, 1943, insertion of a Lane plate to the right humerus. "History: Child was struck by a car and brought into hospital by driver who stated that child was unconscious when found. A short time later became excitable but never rational. History of fracture of right arm 3 years of age. "Abstract of physical examination: Overdeveloped thrashing wildly about. When questioned responds only with grunt. Seems to have difficulty with respiration, stopping short before the end of inspiration. No cyanosis evident. "Head: Multiple abrasions. "Right ear canal filled with blood which seems coming from inner ear. "Pupils equal and regular, react. Grounds not visualize. "Pain right upper thorax lateral, no deformity felt. "Limitation of inspiratory excursion and bronchial rale. "No parenchymal rales. No change in breath sounds On April 6, 1944, Dr. Russell K. Tether, of Englewood, N. J., submitted the following statement: "Louis Ciniglio was treated for compound comminuted fracture of the lower third of right humerus, fracture of base of skull, laceration of brain, fracture of right scapula, contusions and abrasions of frontal region of scalp and left elbow region. "At the present time this boy has a 100 percent function of the fractured upper extremity. He complains of occasional headache which is his only symptoms resulting from the skull injury. The prognosis is good and I think he will have no permanent disability." The following report of a physical examination performed on Louis Ciniglio, Jr., by Army medical officers on or about April 1, 1944, has been submitted by Capt. J. W. Cowden, Medical Administrative Corps, General Dispensary, United States Army, 39 Whitehall Street, New York, N. Y.: "MEDICAL EXAMINATION "History of injury by Army car on June 19, 1943. Details not obtainable from subject because of mental status. "Examination reveals well-developed, well-nourished, 12-year-old male child. Subject is in no apparent discomfort, is cooperative and friendly. complaints at this time. "Examination of heart and lungs is essentially negative. found to be negative on examination. "ORTHOPEDIC EXAMINATION He has no Abdomen is also "1. No clinical evidence of fractured ribs on the right side at the present time. "2. Right humerus: Firm, nonadherent scar 4 to 5 inches long extending along the outer surface of the right arm, from the middle of the arm to the elbow joint. Scar is not tender, but patient states that the scar 'feels funny' on pressure. There is a very slight impairment of complete extension of the right elbow, less than 5 percent limitation of motion. "3. No clinical evidence of fracture of the right scapula at the present time. There is no impairment of function of the right shoulder joint. "NEUROPSYCHIATRIC EXAMINATION "History of head injury in June 1943. Report of the Englewood Hospital, Englewood, N. J., reveals that he was in the hospital from June 19, 1943, to August 18, 1943. He was admitted with a diagnosis of fracture of the base of the skull; laceration of his brain; contusion and abrasion of the frontal area of the head and of left elbow region; and fracture of right scapula. According to the hospital report he was unconscious for a short period of time and then became excitable. "Electroencephalogram performed at the Fort Jay station hospital on April 2, 1944, revealed a pattern suggestive of a fairly diffuse cerebral disturbance. "Psychometric examination performed on April 1, 1944. by the Military Personnel Division, revealed a mental age of 8 years and 6 months on the StanfordBinet Intelligence Scale, Form L, and intelligence quotient of 68. According to his school records, he showed an Í. Q. of 62 in September 1936, and some adjustmental difficulties in his classwork. This boy shows a borderline intelligence-the same as he was before the accident, as shown by his school records. "Neurological examination is essentially negative except for the slight speech impediment which was also present before the accident. At the present time he is a rather dull-appearing boy who cooperates well during the examination. His pupils are equal and react well to light and accommodation. There are no cranial nerve palsies. The deep reflexes are present and equal. There are no pathological reflexes. There are no sensory changes and no disturbances of station or gait. The only objective finding at the present time that may be a sequel of the head trauma is the diffuse cerebral change noted on the electroencephalo gram. "One can say that this child's post-traumatic sequelae are minimal at the present time. The future course, however, is uncertain. "REPORT OF X-RAY STUDIES "X-ray of skull: Skull within normal limits and shows no evidence of bone injury or disease. "X-ray of right scapula and right shoulder: The right scapula shows some irregularity, and a bony defect, inferiorly toward the angle, suggestive of an old, well-healed fracture. The shoulder joint itself and upper end of humerus appear within the limits of normal. "X-ray of right humerus: The epiphyseal line at the distal end of the right humerus of the external condyle appears to be blurred when compared to the left, but the elbow joint does not appear to be abnormal. The shaft of the humerus, in its distal third, shows a Lane plate placed in the long direction of the bone, with four screws, about 2 inches above the joint. The bone in this area shows some broadening and minimal sclerosis, and shows evidence of a wellhealed fracture with almost perfect anatomical restitution. Impression: Wellhealed fracture of shaft of humerus above the elbow joint; latter uninvolved. "X-ray of right ribs: The ninth and tenth ribs posteriorly, on the right, just distal to the neck, show irregular broadening suggestive of old, well-healed fractures. The eighth rib shows equivocal broadening, which may conceivably be due to a similar old healed fracture. "SUMMARY "Louis Ciniglio was given medical, orthopedic, neuropsychiatric, and X-ray examinations. In addition to the routine neuropsychiatric examination an electroencephalogram and psychometric examinations were performed. His previous hospital records and school records were also obtained and studied. "These examinations and studies reveal no residual impairment of function in the right upper extremity with the exception of a 5 percent limitation in extension of the right elbow. This minimal involvement in a patient of his age is of no estimable significance. The fractured ribs sustained at the time of the accident are now healed and function is not impaired. There are no bony abnormalities of skull demonstrable at this examination. "His present mental status is improved as compared with school records of 1941 and therefore no blame can be placed on the accident in this respect. "The diffuse cerebral disturbance as demonstrated by the electroencephalogram is probably due to the trauma sustained at the time of his accident. However, it is impossible at this time to estimate the degree of mental disability from these findings." The school record of Louis Ciniglio, Jr., reads in pertinent part as follows: "Entered Palisades Park schools, kindergarten, September 1936. "I. Q.: Approximately 62. "HEALTH RECORD "Louis' health, according to his health card, has been good since he entered school. He is rather small and underdeveloped for his age. "ACADEMIC PROGRESS "June 1937: Promoted to grade 1 after 177 days in kindergarten. "June 1938: Repeated grade 1. "June 1939: Advanced to grade 2 becaues of age. "June 1940: Advanced to grade 3 because of age. "June 1941: Advanced to grade 4 because of age. "Transferred to Ridgefield Park, September 12, 1941. Reentered, November 2, 1942. Placed in grade 5 temporarily, then transferred to opportunity class. "1942-44: Opportunity class (personal observations of teacher noted below). "1942-43: 'Louis entered opportunity class after having spent a year in Ridgefield Park. He is slowly overcoming his speech defects and is acquiring the habit of working along with the group on his own level. He started out in the first of the year as a nonreader due to his low mental age. Slowly, progress has been made in reading readiness. Louis is very loud at times, but seems to make every effort to control this emotion. He is accepted by the fifth-grade boys in their games on the playground.' "1943-44: 'During this school year, Louis has shown a great deal of interest in his work and the results have furnished him with a certain amount of satisfaction and an incentive to work very hard. Louis has started to read and can recognize and spell many of the words in his reading book. He has learned practically all of the arithmetic combinations. He is very persistent and is now able to concen trate on what he is doing.' Statements in the files of the War Department disclose that for the treatment of the injuries sustained by Louis Ciniglio, Jr., in this accident the following bills have been incurred: Englewood Hospital Association__. Surgical A staff connected with Englewood Hospital____ Total... $434. 10 606. 00 1, 040. 10 The following information is of record in the War Department concerning the family of Louis Ciniglio, Jr.: Father: Louis Ciniglio, age 52, is employed in a bleachery, earning approximately $35 per week. Mother: Carmella Ciniglio, age 45, housewife. Sister: Rose Ciniglio, age 19, earns approximately $42 per week. Sister: Mary Ciniglio, age 18, works. Her salary is unknown. Sister: Alvira Ciniglio, age 15, goes to school. Sister: Dorothy Ciniglio, age 9, goes to school. After a careful consideration of the facts and circumstances surrounding this case, it is the view of the War Department that, while the Government driver was negligent in that he was at the time exceeding the legal speed limit of 35 miles per hour in effect at the point where the accident occurred and in that he failed to apply his brakes immediately when he saw the boy first run out upon the highway, the boy, on the other hand, was also negligent in proceeding onto the highway without first ascertaining whether by so doing he would subject himself to danger from approaching traffic, and that such negligence on the latter's part substantially contributed to the accident and the injuries sustained by him, and, therefore, effectually bars his claim for recovery. It is believed that the boy was old enough and possessed sufficient intelligence to be aware of the danger attendant upon walking or playing on a heavily traveled highway and, hence, chargeable with the obligation to exercise a reasonable regard for his own safety under such circumstances. The Department is accordingly constrained to recommend that favorable consideration be not given to the proposed legislation. The fiscal effect of the bill is manifest. The Director of the Bureau of the Budget in a letter to the War Department dated June 16, 1944, concerning the report on this bill, stated: "It is noted from the report that the Government driver admits that he was driving 40 or 50 miles per hour in a 35-mile speed limit zone; that he failed to apply his brakes immediately when he saw the boy first run out upon the highway; and that the boy, who is somewhat mentally subnormal, was only 11 years of age at the time of the accident. "Under the circumstances, I feel obliged to advise you that while there would be no objection to the submission for the consideration of the committee of such report as you may deem appropriate, this office would interpose no objection to an assumption by the Federal Government of responsibility for this accident." Sincerely yours, HENRY L. STIMSON, LOUIS CERNIGLIO: J. M. MACKELLAR, M. D., F. A. C. S., $370. 00 To professional services.. 120. 00 Open reduction of fracture of humerus with application of bone plate... 250.00 J. M. MACKellar. THE ENGLEWOOD HOSPITAL ASSOCIATION, Mr. LOUIS CINIGLIO, 227 East Ruby Avenue, Palisades Park, N. J. To the ENGLEWOOD HOSPITAL ASSOCIATION, Dr. For care of Louis Ciniglio. Ward or room No. 217. Patient No. 121,448. June 19 to Aug. 18: I hereby certify this to be a true and correct statement of account, no part of which has been paid. [SEAL] AHNONA E. WUSTHINES, Acting Superintendent. THE ENGLEWOOD HOSPITAL ASSOCIATION, Englewood, N. J., August 30, 1948. CINIGLIO, LOUIS, AGE 11 YEARS (BIRTH DATE NOVEMBER 1), 227 EAST RUBY AVENUE, PALISADES PARK, N. J. Father's name: Louis, born in Italy. Mother: Carmela Savarese, born in Italy. Dates in this hospital: June 19, 1943, 4 p. m., to August 18, 1943. Diagnosis: Compound comminuted fracture of right humerus, lower third, fracture of right scapula, fracture of skull, base, laceration of brain, contusion and abrasions of frontal area of head and of left elbow region. Summary: Patient semicomatose on admission. Course: After repeated lumbar punctures, symptomatic treatment for head injury; right arm was repaired by insertion of a Lane plate; following healing of the arm physiotherapy was started. Child improved after a long hospital course without any complications. |