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Binco I started going out again, the scars that I had as a result of the burns commenced to heal up and the scabs that covered my arms and face began to peel off and heal up pretty well. Because of the scabs that I had on my arms, hands, and neck, it was hard for me to dress, and it was very uncomfortable to keep my clothes on. That was another reason that I could not get around for some time.

I went to see Dr. Wahlrab today and he lookod me over and saw that I was completely recovered and that there were no scars left.

RICHARD SMITH. Sworn to before me this 18th day of February 1938.

Rose RANKIN,

Commissioner of Deeds. The following is a report of care of Richard Smith, 841% Maple Street, burned at Hague Street fire July 7, 1933:

Back of hands, face, mouth, cheeks, ears, nape of neck, first and second degree burns, impression.

July 7: Burned body in pain, sedatives given, temperature 99, no appetite, amertan applied.

July 8: Better, no pain; blisters on burned areas, blisters opened.
July 9: Crusting present on face and regions burned.
July 11: No temperature, fluids taken well.

July 13: Skin removed where necessary; grease and washings advised with boric acid.

July 17: Much improved; some dryness about burned area; do not believe there will be much if any scarring.

July 25: Several boils on nape of neck opened.
July 26: Boils reopened; good drainage.
July 28: Improved; doing nicely.

Total bill, $40.
STATE OF NEW YORK,

County of Monroe, City of Rochester, 88: Raymond B. Wohlrab, being duly sworn, deposes and says that he is and at all times mentioned was a physician duly licensed to practice in New York State. That he treated one Richard Smith, and that the foregoing report is a copy of his records of this case; that he has seen the said Richard Smith on February 18, 1938, and finds him completely recovered, with no scars remaining as a result of the aforementioned burns. Deponent further states that such burns as Richard Smith suffered are painful.

RAYMOND B. WOHLRAB, M. D. Sworn to before me, this 18th day of February 1938.

Jonas P. RELIN, Commissioner of Doode.

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HOUSE OF REPRESENTATIVES

79TH CONGRESS

18t Session

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REPORT No. 133

FRANK LORE AND ELIZABETH VIDOTTO

FEBRUARY 13, 1945.--Committed to the Committee of the Whole House and

ordered to be printed

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

following

REPORT

(To accompany H. R. 1910)

The Committee on Claims, to whom was referred the bill (H. R. 1910) for the relief of Frank Lore and Elizabeth Vidotto, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

A similar bill was favorably reported by this committee in the Seventy-eighth Congress.

The facts will be found fully set forth in House Report No. 1877, Seventy-eighth Congress, which is appended hereto and made a part of this report.

(H. Rept. No. 1877, 78th Cong., 2d sess.) The purpose of the proposed legislation is to appropriate the sum of $1,000 to Frank Lore and to pay the sum of $1,000 to Elizabeth Vidotto, both of Washington, D. C., in full settlement of all claims against the United States for personal injuries, loss of salary, and expenses sustained as the result of being struck by a motorcycle owned by the Economic Warfare Commission at the intersection of New York Avenue and Ninth Street NW., Washington, D. C., on November 8, 1943.

STATEMENT OF FACTS

It appears that on November 8, 1943, at 7 a. m., the driver of a motorcycle in the service of the Economic Warfare Commission was en route to work from the Government garage and was proceeding east along the south side of New York

H. Repts., 79-1, vol. 1--48

Avenue NW., in Washington, D. C., at about 15 miles an hour. It was dark, and visibility was further limited by the fact that it was raining and snowing. The traffic light at the intersection of New York Avenue, Ninth, and K Streets was green as he approached it; nevertheless, he shifted to a lower gear and proceeded slowly across the intersection-observing no vehicles or person in his path. As he entered the cross walk on the east side of Ninth Street and on the extreme south side of K Street, two pedestrians, who were carrying an umbrella, were knocked down by coming in contact with the front and left side of his motorcycle.

The driver said that he had not seen the pedestrians and they said that they had not seen the motorcycle. There were no other witnesses. Both pedestrians were taken to a hospital where the one, Elizabeth Vidotto, was treated for minor contusions; and Frank Lore, who sustained fractures of the acronium (shoulder girdle) and left fibula (small bone in leg) was treated in the clinic about 8 times over a period of 10 weeks.

Your committee are of the opinion that Mr. Lore and Mrs. Vidotto are entitled to some compensation for pain and suffering and recommend that the bill be amended awarding the sum of $1,000 to each of them for pain and suffering, loss of salary, and expenses incident to this accident.

Therefore, your committee recommend favorable consideration to the proposed legislation, as amended.

Appended hereto is the report of the Foreign Economic Administration, together with other pertinent information.

Foreign EconomiCAL ADMINISTRATION,

OFFICE OF THE ADMINISTRATOR,

Washington, D. C., June 22, 1944. Hon. Dan R. McGEHEE, Chairman, Committee on Claims,

House of Representatives, Washington, D. C. DEAR MR. McGEHEE: This is in reply to your letter of May 1, 1944, requesting a report on H. R. 4652, a bill for the relief of Frank Lore.

The bill provides for a payment by the Secretary of the Treasury in the amount of $2,215.75, in settlement of the claim of Mr. Lore for compensation and reimbursement on account of personal injuries sustained as a result of his being struck by a motorcycle owned by this Administration and operated by one of its employees.

Briefly, the facts, as disclosed by our investigation, are as follows: On November 8, 1943, at 7 a. m., the driver of the motorcycle, with running lights on, was en route to work from the Government garage and was proceeding east along the south side of New York Avenue NW., in Washington, D. C., at about 15 miles an hour. It was dark, and visibility was further limited by the fact that it was raining and snowing. The traffic light at the intersection of New York Avenue, Ninth, and K Streets was green as he approached it; nevertheless, he shifted to a lower gear and proceeded slowly across the intersection, observing no vehicles or person in his path. As he entered the crosswalk on the east side of Ninth Street and on the extreme south side of K Street, two pedestrians, who were carrying an umbrella, were knocked down by coming in contact with the front and left side of his motorcycle.

The driver said that he had not seen the pedestrians, and they said that they had not seen the motorcycle. There were no other witnesses. On the basis of the statements of the parties and all of the physical facts, it must be concluded either that all parties were negligent—the driver in failing to see the pedestrians, they in apparently crossing on a red light, hovering under an umbrella, and failing to see him; or because of the fortuitous circumstances, it was an unavoidable accident. Both pedestrians were taken to a hospital, where one was treated for minor contusions and immediately released; Mr. Lore, who had sustained fractures of the acronium (shoulder girdle) and left fibula (small bone in leg), was treated in the clinic about eight times over a period of 10 weeks.

It is the opinion of our General Counsel that in these circumstances there would probably be no recovery in a civil suit, assuming the Government was suable, and we do not feel, therefore, that the claim in the amount here involved is & meritorious one. The claim consists of $1,500 compensation for pain and suffering, and $715.75, representing loss of salary and certain out-of-pocket expenditures. On the basis solely of sympathy for hardship, consideration might be given to an award in the latter amount.

There is enclosed a letter from the Budget Bureau setting forth its views in connection with this proposed legislation. Sincerely yours,

Leo T. CROWLEY, Administrator.

JUNE 7, 1944. Hon. LEO T. CROWLEY, Administrator, Foreign Economic Administration,

Washington, D. C. MY DEAR MR. CROWLEY: This will acknowledge the receipt of your letter of May 31, 1944, transmitting two copies of a proposed report to the chairman of the House Committee on Claims, relative to H. R. 4652, a bill for the relief of Frank Lore.

One copy of the proposed report is returned herewith, and I am authorized by the Director of the Bureau of the Budget to advise you that the enactment of the proposed legislation would not be in accord with the program of the President. Very truly yours,

F. J. BAILEY, Assistant Director, Legislative Reference.

WASHINGTON, D. C., August 15, 1944. In re H. R. 4652, a bill for the Relief of Frank Lore. Hon. Dan R. McGEHEE, Chairman, Committee on Claims, House of Representatives,

Washington, D. C. MY DEAR MR. McGEHEE: The purpose of the above-entitled bill is to pay Frank Lore the sum of $2,215.75 in full satisfaction of his claim against the United States for personal injuries sustained by him and for reimbursement of medical and hospital expenses incurred by him, resulting from his being struck by a motorcycle owned by the Economic Warfare Commission and driven by one Walter Williams, an employee of the said Commission, the said accident having occurred at the intersection of New York Avenue and Ninth Street NW., Washington, D. C., on the morning of November 8, 1943.

It is respectfully requested that the bill be amended to include to Elizabeth Vidotto of the sum of $2,161.65 in full satisfaction of her corresponding claim. Mrs. Vidotto is a resident of the District of Columbia, with the result payment that she is not represented in the House of Representatives or in the Senate and for this reason has no legislative sponsor.

STATEMENT OF FACTS

.

The claimants, Frank Lore and Elizabeth Vidotto, were walking to work about 7 2. m. on the morning of November 8, 1943. They were proceeding south on the east side of Ninth Street NW., approaching New York Avenue. When they had crossed about two-thirds of New York Avenue they were struck by a motorcycle which was proceeding east on New York Avenue. At the time they entered New York Avenue, the traffic light at this intersection was green on Ninth Street and red on New York Avenue. The light remained in that condition until after they were struck. The motorcycle approached at not less than 25 miles per hour, and did not slacken its speed prior to the accident. It entered the street intersection against the red light. The claimants saw the motorcycle as it entered the street intersection and attempted to dodge, but its speed was such that they were unable to do so. The driver of the motorcycle crashed into the two claimants, carrying Mr. Lore several feet and causing both claimants to lose consciousness and injuring them both severely. Mrs. Vidotto regained consciousness almost immediately, but Mr. Lore remained unconscious until after he was taken to the Emergency Hospital. The driver of the motorcycle, one Walter Williams, a civilian employee of the Economic Warfare Commission, stated immediately after the accident that he did not see the claimants due to a slight airn.

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