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Williams was arrested and charged with failing to give the right-of-way to the claimants in that the traffic light was green in the direction in which they were proceeding and red in the direction in which he was proceeding. At the trial in the municipal court for the District of Columbia, which was held December 14, 1943, Williams plead guilty as charged and was sentenced to pay a fine of $35 or serve 35 days in jail. He elected to pay the fine and did so. (See attached certificate of the clerk of the court.)

The Economic Warfare Commission, in its report to the House Committee on Claims, states that Williams had a green light and the claimants walked against a red light. This is in flat contradiction to his admission at the time of his trial when, as stated above, he pleaded guilty and paid a fine of $35.

The Commission's report also states Williams approached the intersection at & speed of 15 miles per hour, and that at the time he reached the intersection he changed gears and reduced his speed. This statement is flatly contradicted by the sworn statements of both claimants who state Williams approached the intersection at a speed higher than 25 miles per hour and that this speed was maintained to the point of contact. (See attached affidavit of Lore and Vidotto.) The Commission's report truthfully states there were no witnesses to the accicent, but is in error as to the weather. The report states that visibility was poor due to the fact that both rain and snow were falling. The truth of the matter is that there was no snow and only a trace of light rain. (See attached report of United States Weather Bureau, dated August 8, 1944.) Had Williams actually been traveling at a speed of less than 15 miles per hour as he crossed the intersection, it is obvious that he could have avoided the accident regardless of the condition of the weather. Also it is a matter of common knowledge that Government employees operating Government-owned vehicles in the District of Columoia commonly proceed at high and reckless speeds. It would be almost unique to encounter a Government employee driving a Government-owned vehicle in the District of Columbia at a speed of only 15 miles per hour.

The claims of the two parties, which are supported by the enclosed hospital statements and other documents, are as follows:

FRANK LORE

Time lost, 10 weeks, at $66 per week.
8 days securing affidavits from doctors.
Suit cleaned and pressed due to rain and mud.
Lunch box damaged and destroyed...
Ambulance and first aid....
Taxi expenses to and from hospital.
Internal injuries and loss of blood, fractures of collar bone, left rib

and right leg.

$660.00 33. 00 1. 00 1. 75 10. 00 10. 00

1, 500.00

Total..

2, 215. 75

ELIZABETH VIDOTTO

374 months' time lost from work.
Damaged hose-
Clothes cleaned and pressed.
Hospital first aid and ambulance.
Doctor's bill and medicine...

541. 00

1. 65 2. 00 7. 00 10. 00

Total..
Plus $1,500 for pain and “unpleasantness” and loss of job....

561. 65 1, 500.00

$2, 161. 65 The Economic Warfare Commission's report indicates that it would not oppose payment of out-of-pocket expenses. This would amount to $715.75 for Frank Lore and $561.65 for Elizabeth Vidotto. It is submitted, however, that the claimants are entitled to reasonable compensation above their actual out-of-pocket expenses as they have both suffered permanent injury and disfigurement. They feel the amounts requested are reasonable under the circumstances, but they will be, of course, grateful for any sums which the Congress, in its wisdom, sees fit to award. Respectfully submitted.

PAUL E. HAWORTH,

Attorney for Claimants.

IN THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA

CRIMINAL DIVISION

UNITED STATES-DISTRICT OF COLUMBIA v. WALTER WILLIAMS-INFORMATION FOR

No. 583772

February 14, 1944- Proceedings December 14, 1943—Right of way-plea, guilty; judgment, guilty; $35 or 35 days; fine paid.

FEBRUARY 14, 1944. " I hereby certify, under the seal of this court, that the foregoing is a true copy of the records of the proceedings had in the municipal court in the above-entitled case. (SEAL)

W. F. BRAMHALL, Clerk, The Municipal Court, District of Columhia.

IRVING COOPER, Deputy Clerk, the Municipal Court, District of Columbia.

DEPARTMENT OF COMMERCE,

WEATHER BUREAU,

Washington, August 8, 1944. Mr. Paul E. HAWORTH,

815 Fifteenth St., NW., Washington, D. C. Sir: In compliance with your request of recent date, August 3, there are enclosed climatological data from the records of the Weather Bureau relating to the subject of your inquiry. Respectfully,

F. W. REICHELDERFER,

Chief of Bureau.

DEPARTMENT OF COMMERCE,

WEATHER BUREAU,

Washington, August 7, 1944. The following weather conditions were recorded between 7 and 8 a. m., war time on November 8, 1943, at the Weather Bureau, Washington, D. C.:

Temperature 66°; light rain, amount trace; sky obscured; wind direction southeast and velocity 8 miles per hour.

CENTRAL DISPENSARY AND EMERGENCY HOSPITAL

WASHINGTON, D. C.
Re Frank Lore
PAUL E. HAWORTH,
Attorney at Law,

Washington, D. C. GENTLEMEN: In accordance with your request (letter) of the 12th, we are submitting copy of our records in the above-mentioned case as follows:

Name: Frank Lore: Address: 1023 Eighth Street NW., Washington, D. C. Brought in: Emergency Hospital ambulance. Date and time: November 8, 1943, at 7:10 a. m.

Diagnosis: Poss. fr. rt. acrom. process-poss. fr. 1. fibula upper third-fr. post. ang. rt.

Treatment: Rest-room examination-observation-velpeau-codeine and aspirin-Ace bandage-crutches-nembutal— X-ray.

Subsequent treatment: To orthopedic clinic November 11, 1943.

Remarks: Patient brought in from above ambulance address where just previous to admission while crossing street he was struck by motorcycle driven by (?). Injury to right 'shoulder, left leg, and left chest; unconscious at time, conscious on admission.

Treated by: Drs. Hoberman, Prier, Hand.
Charge: $10, paid.
Very truly yours,

(Mrs.) H. Smith,

Compensation Clerk.

CENTRAL DISPENSARY AND EMERGENCY HOSPITAL
WASHINGTON, D. C.

FEBRUARY 21, 1944.
To Whom It May Concern:

Mr. Frank Lore has been treated in the dispensary of this hospital for a frac. ture of his right clavicle, right third rib, and left fibula, which he sustained on November 8, 1943. He was seen in the dispensary on the following dates: November 11, 1943, November 18, 1943, December 2, 1943, December 9, 1943, December 30, 1943, and January 27, 1944, when he was discharged as recovered.

John N. SHADID, M. D.,

Chief Resident.

EMERGENCY HOBPITAL

WASHINGTON, D. C. This is to certify that Frank Lore was treated by me on November 8, 1943, in the emergency room of this hospital.

Diagnosis: (1) Fracture, right clavicle; (2) fracture, left fibula; (3) contusion to chest.

Dr. JOEL B. HOBERMAN.

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EMERGENCY HOSPITAL

WASHINGTON, D. C.
To Whom It May Concern:

Mr. Frank Lore was seen and treated by me on November 8, 1943, at Emergency Hospital

W. M. PRIER, M. D. On the morning of November 8, at approximately 7 a. m., on my way to work leaving my residence at 1023 Eighth Street NW., walking with a Mr. Frank Lore of same address while crossing intersection on the east side of Ninth and New York Avenue, NW., and had crossed two-thirds of intersection, when suddenly a civilian employee, driving motorcycle owned by Economic Welfare Commission, operating vehicle from west New York Avenue NW to east New York Avenue going toward Seventh Street, NW., approached us at fast speed and ran us both into unconsciousness. I was thrown face downward, suffering bruises of knees and lips and contusion of spine. Mr. Lore was carried several feet away. I was already on my fist when the motorcycle driver, a messenger, a Mr. Walter Williams, was standing beside me, denying the fact that he did not see neither one of us. He summoned accident police, when they arrived, asked Mr. Williams to call for an ambulance. We were both taken to Emergency Hospital and remained until 2 p. m. that afternoon; in the meantime we were both given first aid, Mr. Lore given same, with X-ray, finally diagnosed by the doctor as fractures of right collar bone, left rib and right thigh. He was given crutches and sent home. We were both to appear in court the following morning, but being Mr. Lore was so broken up from his previous day's experience that it was impossible for him to attend.

In the meantime I complained of my back and summoned a doctor to my residence. I was given an examination, which he said was contusion of the spine. Due to the fact that was unable to get a doctor for treatment constantly, and for financial difficulties, I tried to help myself by giving myself massages and heat treatments. This got worse, with this misfortune. I was forced to give my job up:

Furthermore the trial was set for December 14, 1943, in traffic court. Mr. Williams pleaded guilty to charges of failing to give pedestrians right-ofway. He was fined $35. I lost my job, and on April 3, 1944, I went to work as a clerk in Kresge 5-and-10-cent store at $18 per week, whereas my previous position I was earning over $1,700 per year. This leaves me with the unpleasantness of a good job lost.

34% months' time lost from work..
Damaged hose.
Clothes cleaned and pressed.
Hospital first aid and ambulance.
Doctor's bill and medicine

$541. 00

1. 65 2. 00 7. 00 10. 00

Total.
Plus $1,500 for pain and unpleasantness and loss of job..

561. 65 1, 500.00

Grand total.---.

2, 161. 65 MRS. ELIZABETH VIDOTTO, 1023 Eighth Street, NW.,

Washington, D. C.

MARCH 20, 1944.

CENTRAL DISPENSARY AND EMERGENCY HOSPITAL

WASHINGTON, D. C.
Re Elizabeth Vidotto.
PAUL E. HAWORTH,

Attorney at Law, Washington, D. C. GENTLEMEN: In accordance with your request (letter) of the 12th, we are submitting copy of our records in the above-mentioned case as follows: Name: Elizabeth Vidotto. Address: 1023 Eighth Street NW., Washington, D. C. Brought in: Emergency Hospital ambulance. Date and time: November 8, 1943, at 7:10 a. m. Diagnosis: Contusion, upper lip. Treatment: Examinationrest room-observation-advice. Subsequent treatment: To private doctor. Remarks: Patient states just previous to admission at above address as she was crossing street she was struck by a motorcycle driven by (?). Injury to lips, unconscious (?), conscious on admission. Treated by: Dr. Hoberman. Charge: Very truly yours,

(Mrs.) H. SMITH,

Compensation Clerk.

$7, paid.

EMERGENCY HOSPITAL

WASHINGTON, D. C. This is to certify that Elizabeth Vidotto was treated by me on November 8, 1943, in the emergency aoom of this hospital. Diagnosis: Contusion, upper lip.

Dr. JOEL B. HOBERMAN.

AFFIDAVIT OF FRANK LORE AND ELIZABETH VIDOTTO

We, Frank Lore and Elizabeth Vidotto, being first duly sworn, depose and say as follows:

1. At about 7 a. m. on the morning of November 8, 1943, we were walking to work proceeding south on the east side of Ninth Street NW., approaching the intersection of Ninth Street and New York Avenue.

2. When we reached New York Avenue the traffic light showed green on Ninth Street and red on New York Avenue.

3. We proceeded to cross New York Avenue with the green light, and were struck by a motorcycle when we had proceeded about two-thirds of the way across New York Avenue. At the time the motorcycle struck us the traffic light was still gieen on Ninth Street.

4. The motorcycle entered the street intersection on New York Avenue from the west against a red light. It was traveling at a high rate of speed which did not slacken until we were struck. It is our opinion the motorcycle was traveling at a speed of materially higher than 25 miles per hour. We first saw the motorcycle as it entered the street intersection. We attempted to avoid being struck, but its speed was such that we were unable to do so.

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5. The driver of the motorcycle, who stated his name was Walter Williams and that he was employed by the Economic Warfare Commission, was arrested and tried in the municipal court on December 14, 1943. At the time of the trial he admitted he entered the intersection against a red light and was guilty of failing to give us the right of way. He was fined $35 which he paid.

6. We were knocked unconscious, and taken to Emergency Hospital for treatment.

FRANK LORE,

ELIZABETH VIDOTTO.
Subscribed and sworn to before me, a notary public in and for the District of
Columbia, this 7th day of August 1944.
(SEAL)

Carl H. Donch,

Notary Public, District of Columbia. My commission expires May 26, 1947.

IN THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA

CRIMINAL DIVISION

UNITED STATES-DISTRICT OF COLUMBIA V. WALTER WILLIAM-INFORMATION

FOR No. 583772

February 14, 1944—Proceedings December 14, 1943—Right of way—Plea, guilty; judgment, guilty; $35 or 35 days; fine paid.

FEBRUARY 14, 1944.
I hereby certify, under the seal of this court, that the foregoing is a true copy
of the records of the proceedings had in the municipal court in the above-entitled
case.
(REAL)

W. F. BRAMHALL,
Clerk, the Municipal Court, District of Columbia.

By IRVING COOPER,
Deputy Clerk, the Municipal Court, District of Columbia.

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