directly from the injury. I would advise continuance of the support as previously ordered. Hoping this information will be of service to you, I wish to remain. G. C. BATTALORA, M. D. To Whom It May Concern: NEW ORLEANS 19, LA., May 27, 1948. Mr. Paul Juneau was treated by the late Dr. James T. Nix and myself, at Hotel Dieu from February 18, 1943, to March 19, 1943, for laceration of the scalp, concussion and contusion of the chest. He was brought to Hotel Dieu from Charity Hospital, where he received emergency treatment, February 18, 1943. X-rays made at Charity Hospital were reported as follow: Chest: Fractures of the seventh, eighth, ninth, and tenth ribs, posterior axillary line, left side. No evidence of fractured vertebrae. No evidence of fractured skull. Mr. Juneau has continued to complain of severe headaches since that time. MAX M. GREENBERG, M. D. O NEW AMSTERDAM CASUALTY CO. JUNE 9, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. BYRNE of New York, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 5018] The Committee on the Judiciary, to whom was referred the bill (H. R. 5018) for the relief of New Amsterdam Casualty Co., having considered the same, report favorably thereon without amendment and recommend that the bill do pass. An identical bill was favorably reported by the committee and passed the House in the Eightieth Congress, but no action taken by the Senate. The facts will be found fully set forth in House Report No. 1634 Eightieth Congress, second session, which is appended hereto and made a part of this report. H. Rept. No. 1634, 80th Cong., 2d sess. The purpose of the proposed legislation is to pay the sum of $1,378.65 to New Amsterdam Casualty Co., in full settlement of all claims against the United States for reimbursement growing out of a suit for damages against F. E. Cameron, a contractor, whom the company had insured against liability. Said Cameron had a contract to move stone on the Newfound Gap Highway in the Great Smoky Mountains National Park, and on July 6, 1936, Homer Ownby, one of his employees, was injured by being struck by a stone which was hurled by a blast in stone quarry which was operated by the Federal Government. STATEMENT It appears that during the year 1936 F E. Cameron, a contractor had a contract for hauling stone on the Newfound Gap Highway in the Great Smoky Mountains National Park, and, that, on July 6, 1936, Homer Ownby, one of his drivers, was injured by being struck by a stone hurled by a blast in the stone quarry which was operated by the Federal Government. The contractor, Mr. Cameron, had nothing to do with the operation of the stone quarry, but was held liable to his employee under the workmen's compensation law of Tennessee. The New Amsterdam Casualty Co. paid Homer Ownby as a result of the injury received in the accident. The Commissioner of Public Roads calls the attention of the committee to the fact that this company submitted a statement and filed claim in the amount of $990 ($930 for injury and $60 for salary for 6 weeks of time lost). However, this case was settled in the chancery court and the cost of court, doctor bills, and attorney fees in defending the case amounted to a total of $1,378.65. Your committee is of the opinion that in view of the fact that this company was compelled to pay this judgment for the injuries sustained by the employee of F. E. Cameron should be reimbursed. The injury to the said Ownby was due to the act of the agents of the Federal Government, for which the Federal Government is responsible, and should, therefore, reimburse this company in the sum of $1,378.65. Therefore, your committee recommend favorable consideration to the bill. The Congress has recognized the right of subrogation from time to time and has enacted into law claims, to wit: Private Law 266, Seventy-sixth Congress (H. R. 3363): In this case Anna E. Hurley, who was the owner of property in Kansas City, Kans., sustained a loss due to the crashing of a United States Navy plane into her home. The American Insurance Co., of New Jersey were required by reason of the terms of policies issued to the said Anna E. Hurley to pay for this damage. The American Insurance Co., in this law was reimbursed in the sum of $1,300 under their subrogation claims. The law was approved January 17, 1940. Private Law 142, Seventy-seventh Congress (H. R. 3523): In this case a United States Navy airplane crashed into the residence and garage owned by Commander H. S. Kendall in Coronado, Calif., the accident happening on December 5, 1938. By reason of the accident the Equitable Insurance Alliance, the Fidelity & Guarantee Fire Corp., and the Hartford Fire Insurance Co. were compelled to pay said damages on account of liability incurred under contracts of insurance. The law provided for reimbursement under the subrogation claims presented by these companies for the entire amount paid out under their insurance contracts. This law was approved July 30, 1941. Private Law 529, Seventy-seventh Congress (H. R. 5651): In this case Frank Hall, New Paris, Ohio, sustained damages by fire to his property on or about February 18, 1939, by reason of negligence of an agent of the Soil Conservation Service, United States Department of Agriculture. The Home Insurance Co. and the American Insurance Co. were required by reason of the terms of policies issued to the said Frank Hall to pay for this damage. The Home Insurance Co. in this law was reimbursed in the sum of $297.42; and the American Insurance Co. was paid the sum of $3,544.25 under their subrogation claims This law was approved December 2, 1942. Private Law 276, Seventy-seventh Congress (H. R. 3118): This case presents a new type of assignment: It was for the relief of the State Compensation Fund of California. Frank Ross, of Davis, Calif., sustained personal injuries on December 2, 1937, when an automobile which he was driving was struck by a United States Civilian Conservation Corps truck. The State compensation insurance fund paid Mr. Ross for compensation and medical treatment the sum of $1,684.98. This law completely reimbursed the State Compensation Fund of California the entire amount they were compelled to pay by reason of this accident. This law was approved February 16, 1942. Private Law 430, Seventy-eighth Congress (S. 1278): In this case a civilian vehicle was transporting a number of local shipments of freight at the time of the accident, all of which were destroyed by the collision and the ensuing fire The Yellow Cab Co. paid its patrons a total of $8,067.34 for freight lost in the wreck. This amount was subsequently recovered by the company from its insurer, the Equitable Fire and Marine Insurance Co., amounting to $7.901.83. These losses were sustained as a result of a collision between the Yellow Cab Co. truck and a United States Army vehicle. This law was approved in favor of the Equitable Insurance Co. on December 6, 1944. Hon. DAN R. McGEHEE, APRIL 22, 1943. Chairman, Committee on Claims, House of Representatives. MY DEAR MR. MCGEHEE: Receipt is acknowledged of your letter of March 23, 1943, enclosing three copies of H. R. 1427 for the relief of the New Amsterdam Casualty Co., and requesting to be furnished with a report of the facts in the case together with our opinion as to the merits of the bill. H. R. 1427 is identical with H. R. 1551 which was introduced during the Seventy-sixth Congress, first session, on January 3, 1939, by Mr. Taylor of Tennessee. On July 28, 1939, with the approval of the Bureau of the Budget, we sent to Hon. Ambrose J. Kennedy, who was then chairman of the House Committee on Claims, a full statement of the facts, including copies of pertinent correspondence, together with an adverse recommendation. This bill, H. R. 1427, would authorize and direct the Secretary of the Treasury to pay $1,378.65 to the New Amsterdam Casualty Co. for reimbursement growing out of a suit for damages against F. E. Cameron, a contractor, whom said company had insured against liability for injury to his employees. The bill recites that F. E. Cameron had a contract for hauling stone on the Newfound Gap Highway in the Great Smoky Mountains National Park, and that, on July 6, 1936, Homer Ownby, one of his truck drivers, was injured by being struck by a stone hurled by a blast in a stone quarry which was operated by the Federal Government. The Bureau of Public Roads (now Public Roads Administration) was operating a quarry for producing stone to be used in the construction of the highway mentioned in the bill. F. E. Cameron had a contract for hauling this stone from the quarry and spreading it on the highway. This was in 1936. Homer Ownby, one of the truck drivers employed by F. E. Cameron on this work, was hit by a fragment of stone thrown by a blast in the stone quarry on July 6, 1936. However, the reports and statements which we have received from the field concerning this accident clearly indicate that Mr. Ownby was warned that a blast would go off at the quarry and that he should seek cover to avoid possible injury, but that he failed to heed the warning and was hit by a rock fragment which was thrown by the blast. If he had sought cover as did the other employees of Mr. Cameron after receiving the warning, he would not have been injured. It, therefore, appears that his injury was due to his own carelessness in failing to heed the warning which was given him. A statement dated June 1, 1939, has been obtained from Mr. Ownby, three copies of which are enclosed herewith. Statements also have been obtained from Gerald M. Lethco, who was employed by the Bureau of Public Roads at the quarry from which Mr. Ownby was hauling stone, and from W. F. Robertson, who was employed by Mr. Cameron. Three copies of each of these statements are enclosed herewith. In addition, there are enclosed three copies of letter of May 1, 1939, to Maj. J. R. Eakin, Superintendent, National Park Service, Gatlinburg, Tenn., from Mr. J. L. Humbard, senior highway construction supervisor, who was in charge of the highway construction work and the quarry operations that were being conducted for the Bureau of Public Roads, together with three copies of letter of June 1, 1939, from Mr. Humbard to Mr. F B. Cameron, requesting him to furnish certain information concerning the circumstances surrounding Mr. Ownby's injury. Particular attention is invited to the fact that Mr. Ownby, in his statement, recites that the New Amsterdam Casualty Co. paid him $330 for the injury and $60 for salary for 6 weeks of time which he lost, or a total of $990; whereas the bill proposes to reimburse the New Amsterdam Casualty Co. in the amount of $1.378.65. The facts of this case, relying very largely on the statements by Mr. Lethco and Mr. Robertson, both of whom were employed on the highway project where Mr. Ownby was employed, clearly indicate that Mr. Ownby would not have been injured had he heeded the warning which was given to him and sought cover as did Mr. Robertson who states that his truck was immediately back of Mr. Ownby's truck. In this connection, it is believed desirable to direct the committce's attention to the conflict between the statements made by Mr. Ownby and those made by both Mr. Robertson and Mr. Lethco in the following particulars: (1) Mr. Ownby states, third paragraph, page 1, of his statement, that he had just arrived with a load of crushed stone from the crusher, whereas both Mr. Lethco and Mr. Robertson assert that Mr. Ownby's truck was empty. (2) Mr. Ownby states, page 2 of his statement, that he received no warning that the blast was to be set off except by the water boy who came along, while Mr. Robertson states that the flagman told both of them twice that a blast was going to be set off in the quarry and that they should seek cover. in this case. We do not believe there should be any liability on the part of the Government Every precaution was taken that could be taken by those in charge of the blasting operations to warn those within the danger zone so that they might seek cover and safety. Had Mr. Ownby heeded this warning, as did others who were working with him, he would not have been hit and would have received no injury from the blasting operations. As a matter of fact, the statements show that he not only failed to heed the warning and seek cover but deliberately exposed himself. No reasonable basis, therefore, appears to support any liability on the part of the Government for making the reimbursement which the bill proposes. In view of the foregoing, the Public Roads Administration recommends against favorable action on the bill. This report has been referred to the Bureau of the Budget and that Bureau has advised that there would be no objection to its submission to the committee. Very truly yours, Re claim New Amsterdam Casualty Co. Member of Congress, Washington, D. C. THOS. H. MACDONALD, Commissioner of Public Roads GODDARD & GAMBLE, Maryville, Tenn., March 23, 1948. DEAR CONGRESSMAN: This is in answer to your letter of March 22, 1948, relative to the break-down in the proposed reimbursement of New Amsterdam Casualty Co. for money paid Mr. Homer Ownby as a result of an injury received in the Great Smoky Mountains National Park. As these payments were made by me personally by draft on the company, I believe that I can by affidavit correctly set out this break-down. Accordingly, I am enclosing herewith original and three copies of an affidavit which I have prepared from my file in this matter. If this is not satisafetory please let me know and I will get a similar affidavit from New Amsterdam Casualty Co. Yours very truly, J. C. GAMBLE. SUPPLEMENTAL AFFIDAVIT OF J. C. GAMBLE, RE CLAIM FOR REIMBURSEMENT BY NEW AMSTERDAM CASUALTY CO. FOR COMPENSATION PAID HOMER OWNBY OF SEVIER COUNTY, TENN. AND COSTS AND EXPENSES INCIDENT THERETO GrowING OUT OF INJURY RESULTING FROM FEDERAL OPERATIONS Personally appeared before me the undersigned authority, J. C. Gamble, who made oath in due form of law that he is a local attorney and adjuster for New Amsterdam Casualty Co. and that he personally handled the claim of Homer Ownby against said New Amsterdam Casualty Co. wherein the said Homer Ownby was paid said compensation growing out of an injury received by him in the Great Smoky Mountains National Park on or about July 6, 1936. Affiant further states that he personally made the payments incident to this claim by drafts drawn on said New Amersdam Casualty Co. or delivered the drafts drawn by said New Amsterdam Casualty Co. and he therefore knows the amount of the payments made and they are as follows: Compensation paid Homer Ownby for 6 weeks at $5 per week for temporary total disability. $60.00 For costs paid to clerk and master of chancery court of Sevier County, Amount of judgment paid Homer Ownby in the chancery court of 930. 00 29. 15 100. 00 5. 00 Doctor bill paid Dr. J. M. McCulloch, Maryville, Tenn., for examination of Homer Ownby. Doctor bill of Dr. O. H. Yarberry of Sevierville, Tenn. Attorney fees and attorney's expenses paid to Goddard & Gamble for 25.00 209.50 1, 378. 65 J. C. GAMBLE. JESSIE E. BOLTON, Subscribed and sworn to before me this 24th day of March, 1948. [SEAL] My commission expires April 12, 1950. |