Hilo Sugar Co.-Hilo Memorial Hospital, Oto Hospital and Dr. Sexton's bills paid by Hilo Sugar Co., for Matsuo Higa Tetanus injection... $158. 25 $36.00 25.00 10. 00 10. 00 2.25 December 1944: Hilo Memorial Hospital; Board, room, medicine, and laboratory fees, 3 days.. January 1945: Hilo Memorial Hospital; board, room, medical and laboratory fees, 4 days. February 1945: X-ray stump of left arm. May 1945: Dr. L. L. Sexton, consultation with Dr. Stewart.. December 1944 and January 1945: Dr. L. L. Sexton... 17.25 19. 60 4. 50 10. 00 37.50 247. 10 I hereby certify that the above bills are correct and that payment therefore was made by the Hilo Sugar Co. HILO SUGAR Co., JUNE 28, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. DENTON, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 20911 The Committee on the Judiciary, to whom was referred the bill (H. R. 2091) for the relief of Jack McCollum, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of the proposed legislation is to pay $5,995 to Jack McCollum, of Van Alstyne, Tex., in full settlement of all claims of the said Jack McCollum against the United States for personal injuries (including pain and suffering) and loss of earnings sustained by him as a result of a collision on June 12, 1944, between the taxicab in which he was a passenger and an Army truck at the intersection of Perrin Field Road and North Travis Street Road, near Perrin Field, Sherman, Tex. STATEMENT OF FACTS It appears that on June 12, 1944, at about 11 p. m., an Army truck, operated by an enlisted man on official business, was traveling cast on War Highway No. 12, about 4 miles east of the main gate of Perrin Field, Sherman, Tex., approaching the intersection of said highway with Loy Lake Road. At the same time a taxicab, owned by A. L. Coffman, of Sherman, and operated by E. K. Franklin, in which Jack McCollum was riding as a passenger, and which was traveling north on Loy Lake Road had come to a stop in the east prong of Loy Lake Road just south of War Highway No. 12. At the intersection in question Lov Lake Road divides into a Y. The east prong of the Y permits travel into the highway either north or east; the west prong of the Y permits travel to the west; and the center of the Y was a grassy mound from 6 to 8 inches high. The mound was about 18 inches higher than the roadbeds of the highways adjacent thereto. The Army truck approached the intersection at an excessive speed and in a reckless manner. The right wheels of the Army truck left the black-top surface of War Highway No. 12 approximately 250 feet west of the intersection, and continuing to travel in that manner passed over the grassy mound which formed the center of the Y and struck with great force the standing taxicab in which Mr. McCollum was a passenger. The front of the Army truck struck the taxicab at about the center of its left side. The force of the impact was so great that the taxicab was knocked a distance of 12 feet, and as a result of the accident Jack McCollum was severely injured. Mr. McCollum was taken from the scene of the accident to the Wilson N. Jones Hospital at Sherman, Tex.. where it was found that he had sustained a "basal skull fracture and traumatic perforation of the right ear drum." He was unconscious after the accident for about 4 days. He was a patient at the hospital for 2 months following the accident. The Department of the Army in its report dated June 16. 1949. states: Since the evidence in this case clearly establishes that this accident and the resulting injury of Jack McCollum were caused solely by the negligence of the driver of the Army truck involved in said accident, it is the view of the Department of the Army that Mr. McCollum should be compensated in reasonable amount for the damages sustained by him Considering the age of the claimant at the time of his injury, the character of nis employment, the nature of the injuries sustained by him, which have resulted in a considerable degree of permanent disability, and the loss of earnings sustained by him, it is the opinion of this Department that the proposed award stated in H. R 2091 of $5,995 ($3,000 for personal injuries; and $2,995 for loss of earnings) is fair and reasonable The Department, accordingly has no objection to the enactment of this bill Therefore, your committee concurs in the recommendation of the Department of the Army, and recommends favorable consideration of the bill. Ion. EMANUEL CELLER, Chairman. Committee on the Judiciary, DEPARTMENT OF THE ARMY, House of Representatives DEAR MR. CELLER. The Department of the Army would have no objection to the enactment of H R. 2091, Eighty-first Congress, a bill "For the relief of Jack McCollum, if it should be amended as hereinafter recommended 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, to Jack McCollum, of Van Alstyne, Tex., the sum of $5,995 The payment of such sum shall be in ful settlement of all claims of the said Jack McCollum against the United States for personal injuries including pain and suffering) and loss of earnings sustained by him as a result of a collision on June 12, 1944, between the taxicab in which he was a passenger and an Army truck at the intersection of Perri Field Road and North Travis Street Road. near Perrin Field. Sherman. Tex The records of the Department of the Army show that on June 12, 1944, at about 11 p m., an Army truck, operated by an enlisted man on official business, was traveling east on War Highway No 12, about 4 miles east of the main gate of Perrin Field, Sherman. Tex., approaching the intersection of said highway with Lov Lake Road At the same time a taxicab, owned by AL Coffman, of Sherman, and operated by E K Franklin. n which Jack McCollum was riding as a passenger, and which was traveling north on Loy Lake Road, had come to a stop in the east prong of Lov Lake Road just south of War Highway No 12 At the intersection in question Loy Lake Road divides into a Y The east prong of the permits travel into the highway either north or east; the west prong of the permits travel to the west; and the center of the Y was a grassy mound 21 The feet across and was covered with a thick wild grass from 6 to 8 inches high. mound was about 18 inches higher than the roadbeds of the highways adjacent thereto. The Army truck approached the intersection at an excessive speed and in a reckless manner. The right wheels of the Army truck left the black-top surface of War Highway No. 12 approximately 250 feet west of the intersection, and continuing to travel in that manner passed over the grassy mound which formed the center of the Y and struck with great force the standing taxicab in which Mr. McCollum was a passenger. The front of the Army truck struck the taxicab at about the center of its left side. The force of the impact was so great that the taxicab was knocked a distance of 12 feet, and as a result of the accident. Jack McCollum was severely injured. Mr. McCollum was taken from the scene of the accident to the Wilson N. Jones Hospital at Sherman, Tex., where it was found that he had sustained a "basal skull fracture and traumatic perforation of the right eardrum.' He was unconscious after the accident for about 4 days. He was a patient at the hospital for 2 months following the accident The claims officer who investigated this accident made the following findings: * * Government vehicle traveling 35 to 40 miles per hour. left the highway approximately 250 feet from the intersection, struck a grassy mound in the fork of the Y. jured the mound and struck the taxi which had not entered onto the hiel way Wer Highway No. 12) The night was dark but clear There was nothing to obstruct the view of the driver of the Government vehicle. War Highway 12 is constructed of asphalt and is 36 feet wide at the point of unract Had the driver of the Government vehicle stayed on War Highway 12, there would have been no accident. The physical facts show the Government driver nede no effort to avoid the accident. The pavement and shoulder of the highway were dry There were no skid marks. "The accident and the resulting injury to Jack McCollum, claimant, was caused by the sole negligence of * * (the Army driver) in the operation of a Government vehicle.' On November 24, 1914, Dr. 1. C. Bates, of the Stout Clinic. Sherman. Tex.. submitted the following report concerning Mr. McCollum: "Mr. Jack McCollum entered the Wilson N. Jones Hospital, Sherman, Tex.. June 13, 1944, with a fractured skull, apparently at the base. At the time of my original examination this patient had bilateral bloody discharge of the cars. I saw him repeatedly during his 61-day stay in the hospital. During his period of hospitalization his ears improved, that is, there were no complications other than a small perforation which remains in the right drum membrane "This patient is extremely nervous and apprehensive, and because of this complication his period of recovery is going to be somewhat lengthy. It is my opinion that Mr. McCollumn will never be physically fit to carry on hard labor again. However, time may change this prognosis.” Mr McCollum was examined at Perrin Field in April 1945. Captain T. L. Morgan, Medical Corps. United States Army, in his report of such examination. dated April 21, 1915, stated: The following is a report of the physical examination of Jack McCollum (civilian), who was injured in a taxicab accident 13 June 1914 (12 June 1944). His diagnosis at the civilian hospital was 'Basal skull fracture and traumatic perforation of the right eardrum Total hospital days 62. Residuals now are dizzy spells of irregular frequency. There is no falling or turning sensation. A slight nausea accompanies these spells which last from 1 to 4 hours. There are also occasional headaches which are mild. accompanied by pain in the neck muscles and nervousness * Nystagmus is present at a moderate degree with the quick component in a direction in which the eyes are turned. ** * * The right pupil is slightly dilated and contracts sluggishly and incompletely There is also a slight irregularity of the left pupil. "There is a dry perforation involving all of the posterior superior quadrants of the drum. The ear canal is inflamed on the posterior wall adjoining the drum and there appears to be an exostosis extending into the lumen of the canal for a distance of about one-half centimeter. The left ear is normal." On February 16, 1948, Dr. Kenneth J. Cales, of the Marysville Clinic. Marysville. Calif., submitted the following report concerning Mr. McCollum: "This 43-year old white male was involved in an automobile accident in June 1944. He had at that time, a basal skull fracture and was unconscious for about 4 days. A right ear was reportedly injured with a performation in the drum. There was drainage from the right drum which later became purulent in nature and has drained to the present date. Associated with the purulent drainage there has been hearing loss in the right ear. He gives no history of ear injury or disease previous to this accident in 1944. At the present time he presents himself for examination for adjustment purposes and desires to know the percentage of hearing loss in the right ear. "Physical examination.-Ears: The right ear demonstrates a central perforation in the right drum located in the postero-superior quadrant. The perforation is about three millimeters in diameter. There is pus in the middle ear which is seen on the medial wall of the tympanic cavity but there is no pus in the external canal. The left ear is normal in appearance and contour. On examination of the hearing acuity both ears demonstrate air conductions being greater than bone conduction. However, there is about a 25 percent hearing loss in the right ear by air conduction. The left ear demonstrates essentially normal hearing. “Diagnosis.—(1) Perforation of the right ear drum, chronic purulent otitis aedia; (2) Deafness conductive, partial right ear due to No. 1. Hearing loss approximately 25 percent by air conduction "Recommendation.-Treatment for purulent otitis media. "Comment. This condition of the right ear is still in a state of uncertainty. If the infection can be cleared and the drum healed, the hearing will probably return to normal. On the other hand, a purulent discharge of 3 years duration may progress with further hearing loss if not eradicated." As a result of the injuries sustained by him in this accident Mr. McCollum incurred medical expenses in the amount of $309.50 and hospital expenses in the sum of $486.55, aggregating $796.05 It appears that at the time o. his injury Mr McCollum was 39 years of age and was employed as a driller by the Bureau of Reclamation, Department of the Interior, at a salary of $10 per day when on duty, and that because of the injuries sustained by him in this accident he was unable to work from June 12, 1944, to May 2, 1945, during which time he was carried in a leave-without-pay status. Mr. McCollum states that because of such absence from his employment he sustained a loss of earnings in the amount of $2,995. Since the injury of Mr. McCollum did not arise out of or in the course of his employment, he has no right to compensation benefits under the act o September 7, 1916 (39 Stat. 742; 5 U. S. C. 751), as amended. On March 1, 1945, Mr. McCollum filed a claim with the War Department in the amount of $796.05 for the medical and hospital expenses incurred by him as a result of his injury in this accident. The claim was duly approved in that amount under the provisions of the act of July 3, 1943 (57 Stat. 372; 31 U S. C. 223b), as amended, and was paid on June 1, 1945. There was no statute then and there is none now under which any amount might be paid to Mr. McCollum on account of the personal injuries and loss of earnings sustained by him as the result of this accident, and the only method by which he may be compensated for such items of damage is through the enactment of a private relief bill such as H. R. 2091 Since the evidence in this case clearly establishes that this accident and the resulting injury of Jack McCollum were caused solely by the negligence of the driver of the Army truck involved in said accident, it is the view of the Department of the Army that Mr. McCollum should be compensated in a reasonable amount for the damages sustained by him. Considering the age of the claimant at the time of his injury, the character of his employment, the nature of the injuries sustained by him, which have resulted in a considerable degree of permanent disability, and the loss of earnings sustained by him it is the opinion of this Department that the proposed award stated in H. R. 2091 of $5,995 ($3,000 for personal injuries; and $2,995 for loss of earnings) is fair and reasonable. The Department, accordingly. has no objection to the enactment of this bill. For the purpose of accuracy, if this bill is favorably considered by the Congress, it is recommended that the text thereof be amended to read as follows: "Be it enacted by the Senate and House of Representative 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 Jack McCollum, of Van Alstyne, Texas, the sum of $5,995, in full settlement of all claims against the United States for persor a! injuries (including pain and suffering) and loss of earnings sustained by him as a result of the taxicab in which he was riding as a passenger having been struck by an Army truck at the intersection of War Highway No. 12 and Loy Lake Road, near Perrin Field, Sherman, Texas, on June 12, 1944: Provided, That no part of |