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As a result of the accident Mr. Walton sustained a compound fracture of his left leg. He was taken from the scene of the accident to the station hospital, Umatilla ordnance depot, where first aid was administered, and he was thereafter removed to St. Anthony's Hospital, Pendleton, Oreg., where he remained under treatment for a period of 93 days.

Dr. G. L. McBee, Mr. Walton's physician, made the following statement on June 1, 1944, concerning his condition:

Examination showed him to have a compound fracture of the left leg just below the knee. He was brought in to St. Anthony's Hospital in a Thomas splint and since the position of the fracture was good, sulfathiazole powder was applied to the wound and the leg enclosed in a plaster of paris cast.

At the time of the accident Mr. Walton was 61 years of age. He was employed as a carpenter at the Umatilla ordnance depot by Paul N. Odegard and Associates at an average wage of $69.35 per week. In a sworn statement dated June 29, 1944, Mr. Walton states that he was unable to do any work from the date of the accident until December 15, 1943, a period of about 13 months, and he sustained a loss in earnings in the amount of $3,814.25.

The War Department in its report of January 9, 1945, states:

The evidence fairly establishes that the accident and resulting injuries sustained by Mr. Walton were not caused by any fault or negligence on his part but were caused solely by the negligence of the Government driver in making a left turn without giving a signal and in failing to maintain a proper lookout so that he could see and avoid striking a pedestrian lawfully crossing the street on an authorized cross walk. It is, therefore, the view of the War Department that Mr. Walton should be reasonably compensated for the personal injuries sustained by him.

In view of the fact that the expenses incurred by Mr. Walton will be settled administratively, your committee concurs in the recommendation of the War Department that an award of $4,000 would be a fair and reasonable settlement. Therefore, 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.

Hon. DAN R. McGEHEE,

Chairman, Committee on Claims,

WAR DEPARTMENT, Washington, January 9, 1945.

House of Representatives, Washington, D. C.

DEAR Mr. McGEHEE. The War Department is opposed to the enactment of H. R. 5510, Seventy-eighth Congress, a bill for the relief of Sidney B. Walton, in its present form.

This bill would authorize and direct the Secretary of the Treasury to pay the sum of $9,835.50, to Sidney B. Walton, of Irrigon, Oreg., in full settlement of all claims against the United States for personal injuries and damages sustained by him when he was struck by an Army vehicle at the Umatilla ordnance depot, Hermiston, Oreg., on November 23, 1942.

The Department, however, would not oppose the enactment of the bill if it should be so amended as to provide for an award to Mr. Walton in the amount of $4,000.

On November 23, 1942, at about 11:55 a. m., a Government station wagon, operated by a civilian employee of the War Department on official business, was standing, facing east at the north curb of South Street, a one-way street, near the intersection of South Street with Cedar Street at the Umatilla ordnance depot, Hermiston, Oreg. It was raining and visibility through the side windows of the station wagon was poor. At the same time Sidney B. Walton, Rural Free Delivery No. 2, Irrigon, Oreg., an employee of Paul N. Odegard & Associates, private contractor, was off duty and was walking across Cedar Street from east to west on the cross walk at that same intersection. The Government driver

suddenly started his vehicle and, without giving a signal of any kind, made a sharp left turn from South Street into Cedar Street. Mr. Walton was approximately three-fourths of the way across Cedar Street when the left front wheel of the Government station wagon struck his left leg, throwing him to the pavement. As a result of the accident Mr. Walton sustained a compound fracture of his left leg. Mr. Walton was taken from the scene of the accident to the station hospital, Umatilla ordnance depot, where first aid was administered, and he was thereafter removed to St. Anthony's Hospital, Pendleton, Oreg., where he remained under treatment for a period of 93 days. On June 1, 1944, Dr. G. L. McBee, 114 Southwest Court Avenue, Pendleton, Mr. Walton's attending physician, made the following statement:

"Examination showed him [Sidney B. Walton] to have a compound fracture of the left leg just below the knee. He was brought in to St. Anthony's Hospital in a Thomas splint and since the position of the fracture was good, sulfathiazole powder was applied to the wound and the leg enclosed in a plaster of paris cast." The evidence fails to disclose that Mr. Walton sustained any permanent physical disability as a result of the injuries sustained in this accident.

The records of the War Department show that as a result of the personal injuries sustained by him in this accident Mr. Walton incurred medical and hospital expenses in the aggregate amount of $641.55.

At the time of the accident Mr. Walton was 61 years of age but the records of the War Department do not show whether he had any dependents or, if so, the extent of their dependency. At the time that he was injured Mr. Walton was employed as a carpenter at the Umatilla ordnance depot by Paul N. Odegard & Associates at an average wage of $69.35 per week. According to a sworn statement of Mr. Walton dated June 29, 1944, he was unable to do any work from the date of the accident until December 15, 1943, a period of approximately 13 months, and sustained a loss in earnings in the amount of $3,814.25.

On June 6, 1944, Mr. Walton filed a formal claim with the War Department in the amount of $10,370 ($641.55 for medical and hospital expenses; $847 for losses on a farm caused by lack of Mr. Walton's supervision; $3,881.45 for loss in earnings; and $5,000 for pain, suffering, and permanent disability). Mr. Walton submitted a satisfactory explanation of the delay of more than 1 year in filing his claim.

On December 19, 1944, Mr. Walton's claim was approved in the amount of $641.55 (medical and hospital expenses actually incurred) under the provisions of the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), the claimant having agreed to accept that amount in full satisfaction and final settlement of his claim for medical and hospital expenses, and the claim is now in process for payment. The items of the claim for farm losses, loss in earnings, pain and suffering, and permanent disability were necessarily disapproved for the reason that there is no statute or appropriation available to the War Department under which claims of that character may be administratively settled.

The evidence fairly establishes that the accident and resulting personal injuries sustained by Mr. Walton were not caused by any fault or negligence on his part but were caused solely by the negligence of the Government driver in making a left turn without giving a signal and in failing to maintain a proper look-out so that he could see and avoid striking a pedestrian lawfully crossing the street on an authorized cross walk. It is, therefore, the view of the War Department that Mr. Walton should be reasonably compensated for the personal injuries sustained by him. Considering the fact that all of the expenses incurred by Mr. Walton have been approved by the War Department and will be paid administratively, it is believed that the amount of the proposed award, $9,835.50, is excessive. Department would not, however, oppose the enactment of the bill if it should be so amended as to provide for an award to Mr. Walton in the amount of $4,000, which, it is believed, would constitute a fair and reasonable settlement of the claim. The fiscal effect of the bill is manifest.

The

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

HENRY L. STIMSON,
Secretary of War.

CLAIM VERSUS UNITED STATES OF AMERICA ON BEHALF OF SIDNEY B. WALTON

STATE OF OREGON,

Umatilla County, ss:

I, Sidney B. Walton, being first duly sworn, upon oath depose and say: That on the 23d day of November 1942, and for some time prior thereto I was employed as a carpenter by contractor Odegard in the Umatilla ordnance depot, which ordnance depot is located in Umatilla and Morrow Counties in the State of Oregon some six or seven miles west of the city of Hermiston in Umatilla County, Oreg.

On said 23d day of November 1942, and about 10 a. m., our foreman called us from the job for the reason that it was raining very hard. I turned my time in at the office at about 11 o'clock. My foreman, Dick asked me to stay around for a while, as there might be more work in the afternoon. The man with whom I was working lived in the barracks which were located at the northeast corner of the intersection of South and Cedar Streets in the ordnance area. I walked over with my working partner (I had only known him for a few days and do not recall his name) to get dry, as I was very wet from the rain. A few minutes before 12 o'clock I decided to go to the restaurant for my lunch, so that I would be ready to go to work about 12:30. This restaurant is located southwest of the intersection above-mentioned. I am not certain, but I believe that South Street runs in an easterly and westerly direction and Cedar Street runs in a northerly and southerly direction. In any event, one of the streets runs north and south, and the other runs east and west, and they intersect each other southwest of the barracks where I was talking with my working partner. When I left the barracks I walked through the regulation opening in the barracks fence to the west of the barracks and on the east side of the street which runs north and south. I started to walk in a westerly direction across said street to talk to one of the guards, who was standing just north of what is commonly known as the traffic center, which is located at the northwest corner of the intersection of said streets. I wanted to talk to this guard about getting a ride to work. I would say that the guard was standing approximately 80 feet north of the intersection of said streets and on the west side of the street running north and south. After I started walking westerly across the said street, I noticed an automobile driving into the intersection going east and then turn north on the street running north and south. After I passed the intersection and when I was within 6 to 10 feet from the curb on the west side of the street running north and south, I noticed that the car was on me. I had hurried across the center of the street so that this car might pass to the east behind me. The street is not less than 60 feet in width, and there is no question but that the driver of this car had plenty of room to pass to the east.

I had reached a point from 6 to 10 feet from the west curb on said street, as aforesaid, and just as I looked up to speak to the guard the left front wheel of this automobile caught the toes of my left foot while I was in the act of taking a step which would have cleared the car. My foot was then pinned under the left wheel of the car, when at just about the same instant the bumper struck my leg from behind to my left side and broke my left leg below the knee and forced the bones out through the opposite side of the leg. I at the instant of contact whirled to grab onto the car but was down on my back. I presume that my foot turned a little as the wheel had advanced, and when the car stopped the tire was over my big toe and up on the inside of my foot. There was quite a bruise on my foot when the cast was taken off. The place where I was crossing the said street running north and south was the usual and accustomed place for crossing for workers who lived in the barracks. I do not know the name of the guard to whom I started to speak just at the time of the accident. I believe that I started to say something or possibly said something when the car first struck me, but I do not know what I said or started to say. I heard somewhere that the guard called to the driver something, but evidently it was too late.

Some more guards or other persons were on the corner of the intersection south of where the accident occurred and at the place which was then known as the guard station but is now referred to as the traffic center. The automobile which struck me was an Army car painted the usual olive drab. I had worked around the defense areas for some time before the accident and was accustomed to seeing on many occasions Army automobiles and know the color thereof. Of course, I was so severely injured in the accident that I did not take the number of the automobile nor the name of the driver. My right leg was on the outside of the wheel, and some person moved the wheel off my foot while another was talking to

the driver, and I heard the driver say: "Why, I didn't see that man." There was no obstruction whatsoever from the time the driver turned north on the intersection to the place where he struck me, and the driver could not have been looking if he did not see me. There was no other traffic on the street at the time which I observed. I was severely shocked as a result of the accident and in particular by the bone protruding out through the side of my leg. It seems that an artery had been torn or cut, and I was bleeding profusely. I was first taken to the first aid station at the ordnance depot.

When I arrived at the first-aid station the nurse was first going to take a blood test but made the remark that I had lost so much blood that such a course might be dangerous. Then a man whom I took to be an Army surgeon arrived and started to manipulate the leg and then immediately said that this was a hospital case and that I would have to be taken to the hospital at Pendleton. I then asked him who would pay the costs, and he said that this was entirely in their hands, and he said: "You will be taken care of, and it won't cost you a nickel." I was then taken to St. Anthony's Hospital in Pendleton, where I remained under the care of Dr. G. L. McBee of Pendleton, Oreg., and Dr. Jack Grondahl of the same city until I was discharged on February 24, 1943, at which time the doctors said I should come back in 2 weeks for a check up, which I did. When I then appeared, I asked if I should come back again, and I was told to come back in about 2 weeks, which I did. At that time I complained about my leg being so badly swollen and so sore, especially the ankle. Dr. Grondahl gave me a prescription to get a rubber or elastic stocking to correct the swelling, as he expressed it. They did not tell me that I should go back again. At any event, I had no money to go back to Pendleton or to get the elastic stocking either. For a period of at least 8 months after I left the hospital my leg and ankle were still so badly swollen and so sore that I could not do any work. I was out of money and my bills were due, and although my leg was still hurting I tried to go back to work on December 16, 1943. I was lucky at that time in getting a rather light job which I could handle until March 16, 1944. My leg and ankle are still somewhat sore, and I experience considerable pain from time to time.

I was 61 years of age at the time the accident occurred but was in excellent health. I was able to do any kind of work and was ready, willing, and able to do that work.

I am attaching hereto an itemized statement of my claim for damages.

I own a little farm near Irrigon, Oreg., in Morrow County, on which farm I harvested hay, etc., when I was able to do so. However, as a result of this accident I was unable to take care of my hay and of my livestock and suffered loss, as shown by the attached itemized statement. The itemized statement does not include the charges for doctor and hospital bills, which are made on a separate list and with a separate certificate.

I have been attempting to make some collection on this claim ever since the accident occurred, but unfortunately it seems that the claim has not reached the proper sources. This, however, is not due to my fault or negligence. The reason that I have not filed a formal claim before this time is that I did not know it was necessary. I was informed by Captain Scott at the ordnance depot as early as January 1943, that my claim had been sent to headquarters for decision. course I relied on this statement and thought that my claim had been investigated and filed.

Of

On January 18, 1943, my agent, Mr. Roy White, financial secretary and business representative of my labor union, directed a letter to the commanding general, the Ninth Service Command, Fort Douglas, Utah, with reference to my claim. A copy of this letter is hereto attached.

I consider that my injuries, the resulting disability, and my damages were caused solely and only by the carelessness, recklessness, and negligence of the driver of the Government automobile in driving into and against me on said street while I was in plain view and on the right side of the street and while the Government vehicle was driving in the wrong direction on the wrong side of the street.

SIDNEY B. WALTON.

Subscribed and sworn to before me this 29th day of June 1944. [SEAL]

My commission expires November 1, 1946.

JOHN F. KILKENNY,
Notary Public for Oregon.

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Following is an itemized statement of cash expenses due to my injury:

Hay wasted due to my injury

Hauling feed and groceries.

Hauling of 7 tons of hay.

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$36.00

32.00

7.00

199.00

63.00

5. 25

4.80

5. 50

1.00

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15 tons of hay lost should have been harvested but was ill due to injury and had no money to hire help to have it done...

300.00

90.00

2 sows carried over unable to care for same_

83.00

Total___.

Some more actual cash expenses in 1944:

573.00

1 trip to Umatilla ordnance depot in connection with injury. 14 trips to Hermiston..

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Time lost from date of injury consequently wages lost:

From Nov. 23, 1942 to Dec. 15, 1943, total 55 weeks at an average of $69.32 per week a total amount of..

3, 814. 25

Total amount of loss covering all items above mentioned_
Pain, suffering and permanent disability.

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SIR: In reference to the above-named person, who was injured on the 23d day of November 1942 at the Umatilla Ordnance Depot, Hermiston, Oreg., as the financial secretary and business representative of the union of which Mr. Sydney B. Walton is a member, I am in receipt of a power of attorney issued to me on the 6th day of January 1943, recorded at 10:15 a. m., book 165, page 578, record of deeds, at Pendleton, Oreg. The essence of the power of attorney is to appoint me as the true and lawful attorney, to arbitrate, agree, or compromise with representatives of the United States Government as he may see fit to do for my best interests in connection with my accident which occurred on the 23d day of November 1942 at Umatilla Ordnance Depot, Hermiston, Oreg.

I have full power to act for the above-named individual, and I have interviewed Captain Simola of the Umatilla Ordnance Depot, located at Hermiston, Oreg., who states that the case has been referred to your office.

As Mr. Walton is long in years with not much money accumulated, he is beginning to worry as to what is going to happen to him. The hospital also is beginning to wonder as to the payment of his hospital bills. They have heard rumors as to what is to be or what would be, but without any authentic authority.

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