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due to this accident. He has already lost salary, representing a financial loss of $600, and will constitute a continuing loss until he is able to perform additional work. He is a man 41 years of age. The Navy Department states that the amount asked for in this bill is not excessive.

Therefore, your committee recommend favorable consideration to the bill

, and append hereto the report of the Navy Department, together with other pertinent evidence.

NAVY DEPARTMENT,

Washington, April 7, 1944. Hon. Dan R. McGEHEE,

Chairman of the Committee on Claims, House of Representatives. MY DEAR MR. CHAIRMAN: The bill H. R. 3897, "for the relief of Lee Graham," was referred to the Navy Department by your committee with request for the opinion of the Navy Department as to its merits.

The purpose of the proposed legislation is to pay “to Lee Graham, Elizabeth City, N. C., the sum of $1,170

in full settlement of all claims of the said Lee Graham against the United States on account of personal injuries sustained by him on July 23, 1943, when the bicycle on which he was riding in Elizabeth City, N. C., was struck by a United States truck.”

It appears from the records of the Navy Department that on the date named in the bill two enlisted men in the Navy were ordered by the salvage officer at the naval air station (LTA), Weeksville, Elizabeth City, N. C., to transfer a load of salvaged lumber by Navy truck to Elizabeth City, N. C., and to return to the air station after delivering the load. The men left the station at about 1000 and the salvage officer estimated that 3 hours would be required for the performance of the assigned duty.

After unloading the truck and eating their midday meal at Elizabeth City, both men drank sufficient intoxicating liquor to render them unfit for duty. At about 1630 the truck was being driven on South Road Street, Elizabeth City, at a speed of 20 to 25 miles per hour by Donald W. Morgan, seaman second class, United States Navy. The truck collided with a bicycle operated by Lee Graham, the claimant named in the bill. As the result of the collision Mr. Graham was thrown violently against the rear wheel of the truck, sustaining a contusion on the rear of his head and severe hip bruises.

Morgan was arrested by the civil authorities and charged with reckless driving and driving under the influence of intoxicating beverages. He was later convicted in the recorder's court and fined $50 and court costs of $12.50. He was also ordered to pay $102.50 to Lee Graham to apply on the latter's hospital and doctor's bill.

In a report bearing date August 31, 1943, copy herewith, the Government investigating officer expressed the opinion that the accident was the result of Morgan's intoxicated condition. The report indicates that Mr. Graham's bill for hospital and medical expenses and nursing care amounted to $170. Copies of the receipted invoices aggregating the above amount are attached.

Mr. Graham received from his insurance company $40 on a hospitalization policy. He also received compensation through the order of the court abovementioned in the amount of $102.50 from Morgan, the Navy driver. A copy of the receipt by the chief of police in said sum is attached.

Under date of September 22, 1943, Mr. Graham made claim on Standard Form No. 28 for $1,000, personal injury, and expenses of $170. No action could be taken on this claim as the Navy Department has no authority to consider claims for personal injuries.

On receipt of H. R. 3897 instructions were issued to the commanding officer of the naval air station at Weeksville to have claimant examined by a naval medical officer. A copy of the result of such examination, conducted on March 11, 1944, is attached for the information of the committee. It will be noted therefrom that the only abnormal findings disclosed by the investigation were the following, viz

"(a) There is a defect in vision of 16/20 as compared with the 20/20 normal. This defect is compatible with Lee Graham's age in the opinion of the examining officer and was not a result of the accident.

"(6) There is a defect in hearing when examined by the coin click which could be the result of this accident.

"(c) There is evidence of an endocarditis which, in the opinion of this examiner, is not connected with the accident, but, however, may contribute to the slow recovery of this man.

"(d) The complaint of dizziness and muscular pains are compatible with the type of injury suffered and are not infrequently found to be present following head injury such as this man has suffered.”

There is also enclosed a copy of a report of March 13, 1944, by the commanding officer of the naval air station. It appears therefrom that Mr. Graham advises that at the time of the accident he was employed by the Medical Building, Elizabeth City, N. C., as janitor at a salary of $14 per week, and by the Blackwell Memorial Baptist Church as janitor at a salary of $75 a month. From the date of the accident, July 23, 1943, until September 1, 1943, Mr. Graham states that he received no compensation from his employers, the only reimbursement being the $142.50 above-mentioned from the insurance coverage and the Navy driver. On September 1, 1943, Mr. Graham resumed his duties as janitor of the Medical Building at his previous salary but alleges that he has been unable to perform. any other work because of the injuries sustained in the accident.

On the basis of the above report, Mr. Graham, during his period of incapacity, lost his salary from the church of $75 for the month of August, and 5 weeks' salary from the Medical Building at $14 a week, or a total loss from both sources of $145.

In addition he has been unable to resume his work as janitor of the church and has thus been deprived of his salary of $75 a month which, for the period of approximately 8 months since the occurrence of the accident, represents a financial loss of $600, and will constitute a continuing loss until he is able to perform additional work. His present age is 41 years. Under these circumstances, it does not appear that the amount of relief contemplated by the bill is excessive.

The cost of the proposed legislation is $1,170.

In view of the foregoing and as the entire responsibility for the accident giving rise to the claim rests on the operator of the Navy truck, with no contributory negligence on the part of the claimant, the Navy Department recommends the enactment of the bill H. R. 3897.

The Navy Department has been advised by the Bureau of the Budget that there would be no objection to the submission of this recommendation, Sincerely yours,

James FORRESTAL, Acting.

UNITED STATES AIR STATION (LTA) WEEKSVILLE,

Elizabeth City, N. C., August 31, 1943. To: The Commanding Officer. Subject: Report of Accident.

1. I find that Donald W. Morgan, 250-77-51, seaman second-class, United States Navy, and Richard G. Michalik, 652-52-66, seaman second-class, V-6 United States Naval Reserve, were by verbal orders of the salvage officer, detailed on July 23, 1943, to transport a load of salvaged lumber by Navy truck'to Elizabeth City, N. Ć., and return when the lumber was delivered. Morgan was operating the truck and Michalik was helper. The men left the station at about 1000 and the time estimated by the salvage officer to complete this duty was about 3 hours.

2. After unloading the truck and eating their midday meal in Elizabeth City both men drank enough intoxicating beverages to make them unfit for duty. At about 1630, while returning to the station, Morgan was operating the truck on South Road Street, Elizabeth City, N. C., at a speed of about 20 to 25 miles per hour, and at a point between Fearing and Church streets the truck and a bicycle operated by Lee Graham (Negro) collided. As the result of the collision Graham was thrown violently against the rear wheel of the truck, sustaining a contusion on the rear of his head and a severe hip bruise, requiring hospitalization and medical treatment. Morgan was immediately arrested by civilian police and charged with reckless driving and driving under the influence of intoxicating beverages.

He was later convicted in recorder's court of the charge and fined $50 and cost of court taxed at $12.50, and ordered to pay $102.50 to Graham to apply on the latter's hospital and doctor's bill.

3. Graham's bill for hospitalization, medical, and nursing care amounted to $170. He has lost 5 weeks from his job and will not be physically able to work for

about three weeks. His insurance company paid him $40 on a hospitalization policy.

4. There were no photographs taken of the accident as both machines were moved immediately and neither was damaged.

5. I am of the opinion that the accident was a direct result of Morgan's intoxicated condition.

W. J. McLEOD, Jr.,
Lieutenant, I nited States Naval Reserve,

Investigating Officer.
O

MRS. BESSIE I. CLAY

FEBRUARY 22, 1945.-Committed to the Committee of the Whole House and

ordered to be printed

Mr.JENNINGS, from the Committee on Claims, submitted the following

REPORT

[To accompany H. R. 1598]

The Committee on Claims, to whom was referred the bill (H. R. 1598) for the relief of Mrs. Bessie I. Clay, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of the proposed legislation is to appropriate the sum of $353 to Mrs. Bessie I. Clay, of Pueblo, Colo., in full settlement of all claims against the United States for damages sustained to her automobile as the result of a collision between her car and an Army jeep on October 10, 1943, near Fontana Junction in the vicinity of San Bernardino, Calif.

STATEMENT OF FACTS

It

appears that on October 10, 1943, at about 5:30 a. m., a 1941 Pontiac coupe owned by Mrs. Bessie I. Clay and operated by her husband, Samuel 0. Clay, was proceeding eastward in the outer right-hand lane of traffic on Highway 99, a four-lane highway, near Fontana Junction, Calif., at a speed of approximately 30 miles per hour. Mrs. Clay and their two infant children were passengers in the car. Suddenly and without warning, the civilian car was struck from the rear by an Army reconnaissance car operated by Pvt. Lucellus W. Hammond, Company B, Two Hundred and Eighth Quartermaster Battalion (Gs), Goffes, Calif.

At about 1 a. m., on October 9, 1943, Private Hammond had been ordered by another enlisted man, a noncommissioned officer, to drive him to Camp Young, Calif., for the purpose of obtaining a prisoner who was in confinement at the Camp Young stockade. The two enlisted men, upon arriving in the vicinity of Danby, Calif., decided to go to Los Angeles, Calif., on a purely personal mission. They arrived in Los Angeles at about 8 a. m., on October 9, 1943, spent the

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day there, visited a night club, and started the return trip at about 2:30 a. m., on October 10, 1943. The accident occurred on the return trip while the Army driver was still a substantial distance from either Goffes or Camp Young.

As a result of the accident, the automobile belonging to Mrs. Clay was extensively damaged. None of the Clay family received personal injuries in the accident. The Clay car was repaired by the Al Hartness Body and Fender Garage, Fontana, Calif. The records indicate that the amount of $353.25 was incurred in repairing the car.

Mrs. Clay filed a claim with the War Department for damages caused to her car in this accident. The claim was disapproved on the ground that the Army driver was not, at the time of the accident, acting within the scope of his employment, or engaged in an authorized mission for the Government. Your committee is of the opinion that Mrs. Clay should not be made to suffer because of the negligence of an Army driver who was acting outside the scope of his employment.

As the evidence clearly establishes that the accident and resulting damage to the civilian car were not caused by any fault or negligence on the part of the operator, but were caused by the negligence of a member of the United States Army, who was driving an Army vehicle on a personal mission, your committee feels that the claimant should be compensated for the damages sustained. Therefore, your committee recommends favorable consideration to the proposed legislation.

Appended hereto is the report of the War Department.

WAR DEPARTMENT,

Washington, D. C., November 27, 1944. Hon. Dan R. McGEHEE, Chairman, Committee on Claims,

House of Representatives, Washington, D. C. DEAR Mr. McGENEE: Reference is made to your letter of September 14, 1914, inclosing a copy of H. R. 5307, Seventy-eighth Congress, a bill for the relief of Mrs. Bessie I. Clay, and requesting a report on the merits of the bill.

This bill would authorize and direct the Secretary of the Treasury to pay “to Mrs. Bessie I. Clay, of Pueblo, Colo., the sum of $353, in full settlement of all claims against the United States for damages sustained to her automobile as a result of a collision between her car and an Army jeep from Goffes, an Army post near Needles, Calif., in the service of the United States, on October 10, 1943, near Fontana Junction in the vicinity of San Bernardino, Calif."

The facts relating to this accident are not in dispute. On October 10, 1943, at about 5:30 a. m., a 1941 Pontiac coupe owned by Mrs. Bessie I. Clay and operated by her husband, Samuel (. Clay, was proceeding eastward in the outer right-hand lane of traffic on Highway 99, a four-lane highway, near Fontana Junction, Calif., ,at a speed of approximately 30 miles per hour. Mrs. Clay and their two infant children were passengers in the car. Suddenly and without warning, the civilian car was struck from the rear by an Army reconnaissance car operated by Pvt. Lucellus W. Hammond, Company B, Two Hundred and Eighth Quartermaster Battalion (Gs), Goffes, Calif. At about 1 a. m., on October 9, 1943, Private Hammond had been ordered by another enlisted man, a noncommissioned officer, to drive

him to Camp Young, Calif., for the purpose of obtaining a prisoner who was in confinement at the Camp Young stockade. The two enlisted men, upon arriving in the vicinity of Danby, Calif., decided to go to Los Angeles, Calif., on a purely personal mission. They arrived in Los Angeles at about 8 a. m., on October 9, 1943, spent the day there, visited a night club, and started the return trip at about 2:30 a. m. on October 10, 1943. The accident occurred on the return trip while the Army driver was still a substantial distance from either Goffes or Camp Young.

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