PURPOSE OF AMENDMENTS

The purpose of the first amendment: Since Mr. Oles' claim is deleted, the title is amended to conform therewith.

The purpose of the second amendment is: Mr. Oles claims the amount of $312.50 to reimburse him for the period, December 1-15, 1943, during which he received no compensation from his employer. However, it appears, as pointed out in the attached report from the Department of the Army, that Mr. Oles was examined by three Army medical officers at Fort Lawton, Wash., on December 15, 1943, and found to be physically qualified for general military service. The period for which reimbursement is claimed is from December 1 to December 15, 1943, as pointed out in the appended report from the Department of the Army It is difficult to conceive that Mr. Oles could have been physically incapacitated from performing his usual sedentary occupation during the period from December 1 to December 15, 1943, and vet on the latter date be physically qualified for general military service.

The purpose of the third amendment is to reduce the amount of Mrs. Oles' claim from $7,500 to $5,000 in accordance with the reports of the Department of the Army and the Attorney General.

The purpose of the fourth amendment is to change the wording so as to conform with the amended title of the bill.

The purpose of the fifth amendment is that the basis of Mrs. Oles' claim is for personal injuries received and not loss of earnings incurred.

STATEMENT

At about 3:30 p. m. on October 26, 1943, an Army tractor, towing two tank trailers in tandem, operated by an enlisted man on official business, was proceeding west on United States Highway No. 10. near Issaquah, Wash., at an estimated speed of 35 miles an hour, approaching a sharp curve to the north. At the same time a 1939 Buick sedan, owned and operated by Mr. Floyd Oles, was proceeding south on the same highway, approaching the same curve from the other direction. Mr. Oles' wife, Mrs. Helen Louise Oles, and his son, Stuart G. Oles, a private in the Marine Corps, were passengers in his car As the Army vehicle entered the curve on a 3 percent down grade, centrifugal force caused the rear trailer to move across the center of the highway into the path of the approaching civilian vehicle. Mr. Oles saw the Army trailer move into his path and he drove to the right as far as possible in an attempt to avoid a collision, but a guardrail prevented him from moving off of the highway, and the rear Army trailer collided with and turned over on top of Mr. Oles automobile. The leading trailer was pulled across the center of the highway and struck a school bus which had been following the Oles' car and which had stopped as far as possible to its right of the highway.

On October 8, 1944, Floyd Oles filed a claim with the War Department (now Department of the Army), in the amount of $1,825 75, for the property damage ($1,000), medical and hospital expenses ($513.25), and loss of earnings ($312.50) alleged to have been sustained by him as a result of this accident On the same date Floyd Oles and Helen Louise Oles filed a joint claim with the War Department. n the amount of $9,444.93, for the medical and hospital expenses ($1.944.93) and personal injuries and pain and suffering ($7,500) alleged to have been sustained by Mrs. Oles. The two claims wer consolidated for consideration After careful consideration the consolidated claim was approved in the amount of $2,577.05 ($80.37 the uninsure portion of the property damage; $513 25, medical and hospita expenses actually incurred on account of the njuries sustained by Mr Oles: and $1,983.43. the corrected amoun of the medical and hospital expenses ncurred on account of the injuries sustained by Mrs. Oles for report to the Congress for its consideration unde the provisions of the act of July 3. 1943 (57 Stat 372: 3 U. S. C 223b), as amended, provided that they would agre: to accept that amount in full satisfaction and fina settlement of their claims for property damage and medical and hospita expenses actually incurred. They did 30 agre and the claim was thereafter reported to the Congress (H Doc No 544. 20th Cong., p. 30)

The report from the Department of the Army states that the evidence clearly establishes that the accident and resulting injuries to Mrs. Oles was caused solely by the negligence of the Army driver and it is that Department's view that she should be compensated in a reasonable amount for personal injuries sustained by her in the accident and for the pain and suffering she has undergone. The Depart

ment of the Army, however, recommends the amount be reduced from $7,500 to $5,000. The Department of Justice concurs in the recommendation.

There appears to be little dispute on the facts. As noted above, it is admitted the accident and resulting injuries which are the subject of this proposed legislation, were caused solely by the negligence of the Army driver, engaged in the performance of official duties. The Department of the Army was precluded by statute (57 Stat. 372; 31 U. S. C. 223b) as amended, from awarding any amount in excess of reasonable hospital and medical expenses actually incurred. (See appended letter from the Department of the Army.) This bill, as amended, would award to Mrs. Oles the sum of $5,000 to cover personal injuries, pain, and suffering.

Believing this to be a just and equitable claim, your committee are disposed to concur in the report of the Attorney General and the Department of the Army and recommend that the bill, as amended, be considered favorably. Attached hereto and made a part hereof are the following:

(1) Report from the Department of the Army, March 31, 1948. (2) Report from the Attorney General, August 4, 1948.

The honorable the ATTORNEY GENERAL,

Washington, D. C.

MARCH 31, 1948.

DEAR MR. ATTORNEY GENERAL: Reference is made to your letter with which you enclosed a copy of S. 2230, Eightieth Congress, a bill for the relief of Floyd Oles and Helen Louise Oles. You state that the Senate Committee on the Judiciary has requested the Department of Justice to submit a report on this bill and has advised that if reports are necessary from other sources they will be secured by your Department and submitted along with your report to the committee. You, therefore, request the comments of the Department of the Army on S. 2230 This bill provides as follows:

"That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, (1) to Floyd Oles, of Seattle, Washington, the sum of $312.50 and (2) to Helen Louise Oles, of Seattle, Washington, the sum of $7,500, in full satisfaction of their claims, other than for property damage and for medical and hospital expenses, against the United States for compensation for personal injuries and loss of earnings suffered and sustained by them as a result of an automobile accident which occurred on October 26, 1943, when the automobile in which they were riding on United States Highway Numbered 10 in the State of Washington was struck by a tank trailer being towed by a United States Army vehicle."

At about 3:30 p. m. on October 26, 1943, an Army tractor, towing two tank trailers in tandem, operated by an enlisted man on official business, was proceeding west on United States Highway No. 10, near Issaquah, Wash., at an estimated speed of 35 miles an hour, approaching a sharp curve to the north. At the same time a 1939 Buick sedan, owned and operated by Mr. Floyd Oles, was proceeding south on the same highway, approaching the same curve from the other direction. Mr. Oles' wife, Mrs. Helen Louise Oles, and his son, Stuart G. Oles, a private in the Marine Corps, were passengers in his car. As the Army vehicle entered the curve on a 3 percent downgrade, centrifugal force caused the rear trailer to move across the center of the highway into the path of the approaching civilian vehicle. Mr. Oles saw the Army trailer move into his path and he drove to the right as far as possible in an attempt to avoid a collision, but a guardrail prevented him from moving off of the highway, and the rear Army trailer collided with and turned over on top of Mr. Oles' automobile. The leading trailer was pulled across the center of the highway and struck a school bus which had been following the Oles car and which had stopped as far as possible to its right of the highway.

On October 8, 1944, Floyd Oles filed a claim with the War Department (now Department of the Army) in the amount of $1,825.75, for the property damage ($1,000), medical and hospital expenses ($513.25), and loss of earnings ($312.50) alleged to have been sustained by him as a result of this accident. On the same date Floyd Oles and Helen Louise Oles filed a joint claim with the War Department, in the amount of $9,444.93, for the medical and hospital expenses ($1,944.93) and personal injuries and pain and suffering ($7,500) alleged to have been sustained by Mrs. Oles. The two claims were consolidated for consideration. After careful consideration the consolidated claim was approved in the amount of $2,577.05 ($80.37, the uninsured portion of the property damage; $513.25, medical and hospital expenses actually incurred on account of the injuries sustained by

H. Repts., 81-1, vol. 4-76

Mr. Oles; and $1,983.43, the corrected amount of the medical and hospital expenses incurred on account of the injuries sustained by Mrs. Oles) for report to the Congress for its consideration under the provisions of the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), as amended, provided that they would agree to accept that amount in full satisfaction and final settlement of their claims for property damage and medical and hospital expenses actually incurred. They did so agree and the claim was thereafter reported to the Congress (H, Doc. No. 544, 80th Cong., p. 30). It has not yet been included in any deficiency appropriation bill.

It will be noted that in reviewing these claims the items for loss of earnings ($312.50) by Mr. Oles and for personal injuries and pain and suffering ($7,500) by Mrs. Oles were eliminated from consideration This was done in accordance with the provisions of the act of July 3, 1943, supra, the statute under which the claims were considered, since that statute specifically limits the amount which may be approved administratively on account of personal injuries to reasonable medical and hospital expenses actually incurred. The present bill would award to Mr. Oles the sum of $312.50, the amount of loss of earnings he claims to have sustained as a result of the accident, and to Mrs. Oles the sum of $7,500, the amount claimed by her for personal injuries and pain and suffering.

At the time of the accident Mr. Oles was employed as the general manager of Chas F. Clise, Agent, Inc., Seattle, Wash., at a monthly salary of $625. He was continued on the pay roll of that concern through November 30, 1943. He claims to be entitled to reimbursement for the first half of December 1913, during which period he received no compensation from his employer. However, it appears that previously, on October 1 1943, Mr. Oles had accepted a commission in the Specialist Reserve of the Army; that on December 2, 1943, he was notified by telegram to report for duty on December 15, 1943; and that on December 15, 1943, after a thorough examination by three Army medical officers at Fort Lawton, Wash., Mr. Oles was found to be physically qualified for general military service. It is difficult to conceive that Mr. Oles could have been physically incapacitated from performing his usual sedentary occupation during the period from December 1, 1913, to December 15, 1913, and yet that on the latter date he was physically qualified for general military service. The Department of the Army, therefore, is opposed to the enactment of that part of S. 2230 which proposes to make an award to Mr. Oles for earnings alleged to have been lost during December 1943. Immediately after the accident, on October 26, 1913, Mrs. Oles was taken to the Kings County Hospital in Seattle, Wash. On that same day she was removed to the Seattle General Hospital, in Seattle, where she remained until December 14, 1943. During this period, and subsequently, she was under the care of Dr. Melvin F. La Violette, who, on December 12, 1943, made the following statement: "Statement of injuries incurred by Mrs. Floyd (Helen Louise) Oles on October 26, 1943, in an automobile accident; first examination by me October 26, 1943. with first X-rays on that date.

"Moderate cerebral concussion; 4-inch scalp wound on top of head; left auricle partially cut loose with extensive laceration of the cartilages of the auricle; contusion of the left eyeball; extensive bruise over the left zygoma; wrenched right shoulder with separation of bones; bruising of right second and third fingers; laceration of right wrist; contusions of left lower ribs laterally; two deep lacerations with loss of subcutaneous and muscle tissue of the right leg, multiple small lacerations and bruisings of both legs; fracture of right fibula; fracture of shaft of right tibia; fracture of left fibula; fracture of the left tibia extending into the knee joint.

"Prognosis as to disability

"Complete for the next 60 days and partial from then on for 60 more days; large scar in scalp covered with the hair; possibly some permanent thickening over left zygoma; probably some permanent stiffness in left knee joint."

On September 22, 1944, Dr. LaViolette made the following supplemental statement concerning Mrs. Oles' physical condition:

"This is to certify that Mrs. Helen Oles is under my professional care because of injuries she incurred in an automobile collision on October 26, 1943. She has recovered from the primary injuries and is now only partially disabled by weakness, faulty posture, and stiffness in her lower extremities due to the multiple fractures from which she suffered.

"I anticipate that she will make a slow but almost complete recovery within the next 3 months. There will be some loss of efficiency in the left knee joint." Mrs. Oles was also attended by Dr. John F. LeCocq, an orthopedic specialist. On August 17, 1944, Dr. Le Cocq stated:

"Clinically and radiologically there are good unions of the fractures. The fracture of the external condyle of the tibia of the left knee may give her a little trouble because in these cases there sometimes is some residual traumatic arthritis. The fractures of the right leg are well healed. After she started getting up she developed some ache in the lower back, which undoubtedly is due to the fact that she was off her feet for a long time with subsequent muscle weakness so that she has an increased lordosis, and physiotherapy should help to correct this by improving her posture.'

At the time of this accident Mrs. Oles was 38 years of age and a housewife with two grown sons, both of whom were in the armed forces. As already noted, the medical and hospital expenses incurred on account of the injury of Mrs. Oles have been reported to the Congress for inclusion in a deficiency appropriation bill.

The evidence clearly establishes that this accident and the resulting injury of Mrs. Oles were not caused by any fault or negligence on her part or on the part of the driver of the automobile in which she was riding as a passenger, but were caused solely by the negligence of the driver of the Army truck in operating said vehicle in such a manner as to cause the rear trailer to suddenly move across the center of the road and directly into the path of the approaching civilian vehicle. It is, therefore, the view of the Department of the Army that Mrs. Oles should be compensated in a reasonable amount for the personal injuries sustained by her in this accident and for the pain and suffering which she has undergone. The award of $7,500 proposed in S. 2230 appears to be somewhat excessive. Considering the nature of the injuries sustained by Mrs. Oles and the pain and suffering which she has been required to undergo, it is believed that an award to her in the amount of $5,000 would constitute a fair and reasonable settlement of her claim for personal injuries. The Department, accordingly, would have no objcetion to the enactment of this bill if the title and text thereof should be amended to read as follows:

"A BILL For the relief of Helen Louise Oles

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Helen Louise Oles, of Seattle, Washington, the sum of $5,000, in full settlement of her claim, other than for medical and hospital expenses, against the United States for personal injuries and pain and suffering sustained by her as the result of an accident which occurred on United States Highway Numbered 10, near Issaquah, Washington, on October 26, 1943, when the automobile in which she was riding was struck by an Army vehicle: Provided That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to, or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000."

A similar bill, H. R. 4996, Seventy-ninth Congress, for the relief of Joan Esther Hedin, who was injured in this same accident, was enacted by the Congress, and was approved by the President on July 25, 1946, becoming Private Law 752, Seventy-ninth Congress.

Mrs. Helen Louis Oles has no remedy under the provisions of the Federal Tort Claims Act (60 Stat. 842; 28 U. S. C. 921) for the reason that the accident in which she was injured occurred prior to January 1, 1945

Sincerely yours,

KENNETH C. ROYALL,
Secretary of the Army.

AUGUST 4, 1948.

Hon. ALEXANDER WILEY,

Chairman, Committee on the Judiciary,

United States Senate, Washington, D. C.

MY DEAR SENATOR: This is in response to your request for the views of this Department relative to the bill (S. 2230) for the relief of Floyd Oles and Helen Louise Oles.

The bill would provide for payment of the sum of $312.50 to Floyd Oles, and the sum of $7,500 to Helen Louise Oles, both of Seattle, Wash., in full satisfaction of their claims other than for property damage and for medical and hospital expenses,

against the United States for compensation for personal injuries and loss of earnings suffered and sustained by them as the result of an accident involving a United States Army vehicle.

In compliance with your request, a report was obtained from the Department of the Army concerning this legislation. That report, which is enclosed, sets out the facts concerning the accident and states that a claim filed by Mr. Oles in the amount of $1,825.75 for property damage, medical and hospital expenses and loss of earnings, alleged to have been sustained by him, was consolidated with a joint claim of Mr. Öles and his wife in the amount of $9,444.93 for medical and hospital expenses, personal injuries and pain and suffering alleged to have been sustained by Mrs. Oles, and the consolidated claim was approved by the Department of the Army in the amount of $2,577.05. Among the items eliminated from this consolidated claim were $312.50 for loss of earnings sustained by Mr. Oles and $7,500 for personal injuries and pain and suffering by Mrs. Oles. This was done in accordance with the provisions of the act of July 3, 1943 (57 Stat. 372; 31 U. S. C. 223b), the statute under which the claims were considered, since that statute specifically limits the amount which may be approved administra tively on account of personal injuries, to reasonable medical and hospital expenses actually incurred.

With respect to Mr. Oles claim for $312.50 for loss of earnings, the Department of the Army states that this sum is intended to cover one-half month's salary for the first half of December 1943, during which period Mr. Oles received no compensation from his employer. The report further states, however, that Mr. Oles having accepted a commission in the Specialist Reserve of the Army on October 1, 1943, submitted to a thorough physical examination by three Army medical officers on December 15, 1943, at Fort Lawton, Wash., and was found to be physical qualified for general military service. In this connection the Department of the Army states that it is difficult to conceive that Mr. Oles could have been physically incapacitated from performing his usual sedentary occupation during the period from December 1 to December 15, 1943, and yet that on the latter date he was physically qualified for general military service. That Department, therefore, states it is opposed to the enactment of that part of the bill which provides for an award to Mr. Oles for earnings alleged to have been lost during December 1943.

In connection with the award for Mrs. Oles, the report states that the evidence clearly establishes that the accident and the resulting injuries to her were caused soely by the negligence of the Army driver and that it is the view of the Department of the Army that she should be compensated in a reasonable amount for the personal injuries sustained by her in the accident and for the pain and suffering she has undergone. However, the report states that the award of $7,500 appears to be somewhat excessive and it is believed that an award in the amount of $5,000 would constitute a fair and reasonable settlement of her claim for personal injuries. The Department of the Army, accordingly, states it would have no objection to the enactment of the bill if the title and text thereof should be amended in accordance with the suggested amended bill set out on page 5 ofthe Army report. The Department of Justice concurs in the recommendation of the Department of the Army.

The Director of the Bureau of the Budget has advised this Department that there would be no objection to the submission of the report.

Yours sincerely,