MARCH 16 (legislative day, FEBRUARY 21), 1949.-Ordered to be printed

Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany S. 165]

The Committee on the Judiciary, to whom was referred the bill (S. 165), for the relief of William F. Thomas, having considered the same, do now report the bill to the Senate favorably, without amendment, and recommend that the bill do pass.

The purpose of the proposed legislation is to compensate William F. Thomas, of Orlando, Fla., in the amount of $15,000, for personal injuries and reimbursement of medical and hospital expenses incurred by him as a result of an accident involving a United States Army truck on August 2, 1943.

STATEMENT

It appears that on the day in question, Mr. Thomas was a passenger in a privately owned automobile operated by his wife. As the automobile was proceeding in a southerly direction on United States Highway No. 41, an official Army convoy traveling at an estimated speed of 30 miles per hour, was traveling in the opposite direction. When the civilian automobile had reached a point adjacent to the center of the convoy, one of the Army drivers permitted his vehicle to cross the center line of the road, which forced the civilian driver to drive her vehicle partly off the hard surface onto the shoulder of the road in order to avoid being sideswiped. As the civilian driver attempted to get her car back on the pavement, the impact of the right tires against the roadway threw the civilian car out of control and caused it to collide with the front end of another Army truck. It was raining hard at the time and the road was slippery. As a result of the collision, the civilian car was extensively damaged and Mr. and Mrs. Thomas sustained personal injuries.

At the time of the accident, Mr. Thomas was 42 years of age and, in addition to his wife, had three small children dependent upon him for support. He was an X-ray technician with a salary of $250 per month, plus expenses, and according to one of the Army medical reports, was "a meticulous, driving, hard-working type of individual.” Mr. Thomas' injuries consisted of multiple skull fractures, concussion, broken ribs, numerous contusions and abrasions, and a compound fracture of the left humerus. He remained unconscious in the hospital for 14 days and has required extensive hospital and medical care ever since the date of the accident. He has become completely disabled as a result of the injuries received, is confined to his bed most of the time and unable to follow any gainful occupation. In a statement which he submitted to your committee he says that:

I have lost our home, car, bank account, $17,500 retirement insurance policy which carried no disability clause, all furniture and furnishings which included 18 modern electrical appliances, about $500 worth of war bonds, my position, 41⁄2 years' income so far, and, most important of all, my health and ability to earn. His only income for his wife and family at the present time is a $51 per month pension.

The Department of the Army states that the

evidence in this case fairly establishes that this accident and the resulting injury of Mr. William F. Thomas were not caused by any fault or negligence on his part or on the part of his wife, who was driving the automobile in which he was riding as a passenger, but were caused solely by the negligence of the driver of the Army vehicle in crossing the center line of the road and forcing the automobile operated by Mrs. Thomas partly off the pavement of the road.

Having admitted liability, the Department of the Army states that it is its view that the amount awarded should not exceed $10,000, and this recommendation is concurred in by the Department of Justice. However, it is the opinion of your committee that $15,000 is a reasonable amount to compensate Mr. Thomas for the injuries he has suffered as a result of this accident and it is recommended that the Senate approve the bill without amendment.

Attached hereto and made a part of this report are letters received from the Attorney General and the Department of the Army in connection with an identical bill of the Eightieth Congress.

Hon. ALEXANDER WILEY,

JUNE 11, 1948.

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. 1059) for the relief of William F. Thomas. The bill would provide for payment of the sum of $15,000 to William F. Thomas, of Orlando, Fla., in full satisfaction of his claims against the United States for personal injuries and disability suffered as the result of an accident involving an Army truck. Such sum would also be in reimbursement of medical and hospital expenses incurred and for compensation for loss and damage to his personal property as a result of such accident.

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 in some detail the facts concerning the accident, together with the results of various medical examinations given Mr. Thomas. The report states that a claim filed by Mrs. Thomas for property damage and personal injuries sustained by her in the accident was approved by the Department of the Army in the amount of $284.34. At the time of the accident Mr. Thomas was 42 years of age and the chief support of his wife and three minor children. He received a

salary of $250 per month and all traveling expenses. It appears that by reason of his injury he was totally incapacitated for a period of approximately 3 months following the accident. The report states that it further appears that by reason of the serious head injuries received, he has been unable to return to his work as an X-ray engineer and has been able to engage only in the selling of X-ray apparatus in a limited capacity.

The Department of the Army states that the evidence fairly establishes that the accident and resulting injuries to claimant were caused solely by the negligence of the driver of the Army vehicle in crossing the center line of the road and forcing the automobile operated by Mrs. Thomas partly off the pavement of the road. The report further states that it is the view of that Department that claimant should be compensated in a reasonable amount for the damages sustained by him as a result of his injury but that the proposed award of $15,000 appears to be somewhat excessive. In this connection the report states that in view of his age and occupation, and the number of persons dependent upon him for support, three of whom are minor children, and in view of the serious nature of his injuries which have resulted in a large degree of permanent disability, and the pain and suffering undergone by him, it is the view of that Department that an award in an amount not exceeding $10,000 would constitute a fair and reasonable settlement for all of the damages sustained by him. The report concludes with the statement that the Department of the Army accordingly would have no objection to the enactment of the bill if it should be so amended as to provide for an award to the claimant in an amount not exceeding $10,000.

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,

The honorable the ATTORNEY GENERAL,

Washington, D. C.

JUNE 9, 1948.

DEAR MR. ATTORNEY GENERAL: Reference is made to your letter with which you enclosed a copy of S. 1059, Eightieth Congress, a bill for the relief of William F. Thomas. 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 this Department on S. 1059.

This bill would authorize and direct the Secretary of the Treasury "to pay, out of any money in the Treasury not otherwise appropriated, to William F. Thomas, of Orlando, Fla., the sum of $15,000, in full satisfaction of his claims against the United States (1) for compensation for the personal injuries he suffered when involved in an accident with an Army truck on August 2, 1943, and his disability resulting from said injuries; (2) for reimbursement of medical and hospital expenses incurred by him as a result of said injuries; and (3) for compensation for loss and damage to his personal property as a result of such accident."

On August 2, 1943, at about 11:40 a. m., an official Army convoy of 38 to 40 vehicles was proceeding north on United States Highway No. 41 (Florida State Highway No. 5), approximately 8 miles south of Tampa, Fla. At the same time a 1942 Chevrolet sedan, owned by the Westinghouse Electric & Manufacturing Co., of Atlanta, Ga., which at the time was being operated by Mrs. Helen Thomas, wife of Mr. William F. Thomas, an employee of said company, and who was accompanied by Mr. Thomas, was proceeding in a southerly direction on United States Highway No. 41. The vehicles in the convoy were traveling at an estimated speed of 30 miles an hour and the automobile operated by Mrs. Thomas was traveling at an estimated speed of 30 to 35 miles an hour. It was raining hard at the time, visibility was limited and the 20-foot concrete road was slippery. When the civilian automobile had traveled to a point adjacent to the center of the convoy, one of the Army drivers permitted his vehicle to cross the center line of the road, which forced the civilian driver to drive her vehicle partly off the hard surface onto the shoulder of the road, which was several inches lower than the pavement, in order to avoid being sideswiped by the Army vehicle. As the civilian driver attempted to get her vehicle back on the pavement the

impact of the right tires against the roadway threw the civilian car out of control and it passed across the center of the road and collided with the front end of an Army truck. As a result of the collision the civilian car was extensively damaged and Mr. and Mrs. Thomas sustained personal injuries. Mr. Thomas appears to have been taken from the scene of the accident to St. Joseph's Hospital, Tampa, Fla., for treatment.

The following report, dated May 8, 1944, concerning Mr. Thomas, was submitted by St. Joseph's Hospital:

"Patient's name: Mr. Bill [William F.] Thomas.

"Address: 517 East Michigan, Orlando, Fla.

"Admission date: August 2, 1943.

"Discharged: August 16, 1943.

"Diagnosis: Cerebral concussion with hemorrhage, fracture of right arm and left clavicle, fracture of skull.

"Personal history: Patient was brought here by ambulance with a history of having been in an automobile wreck about 30 minutes ago at Six Mile Creek. Childhood diseases: Usual childhood diseases only.

"The patient has been ill prior to his injury this morning. He has been under the care of a physician because of a cold or the flu.

"Systemic review (regional history): All negative.

"Marital history: Patient is married; wife living; also in hospital for injuries; three children, living and well.

"Social history: Normal.

"Physical examination: Fracture of the right arm complete at about the middle of the humerus. Fracture of the right side of the chest, cerebral concussion with some cerebral hemorrhage, probable fracture of the right temporoparietal region, probable fracture of the base of the left side involving the left auditory canal.

"The patient is in a semiconscious condition. Good cooperation is impossible. There is some contusion of the left and right side of the face, especially over the right temple region. Scalp: Clean, no masses, no lacerations. Ears: There is some bleeding from the left ear, probably due to a basal fracture. Eyes: The lids are somewhat swollen due to contusion; pupils, however, react to light. Nose: There is no evidence of injury except contusion. Mouth: Negative. Teeth: Negative. Tongue: Normal. Neck: There is a limitation of motion on either side on any direction; flexion is good. Lymph glands: None palpable. There is a fracture of the clavicle at about its midpoint. There is a great deal of abrasion over the right ribs. There is some tenderness over the left chest, however, reveals no fluid and no râles. Extremities: There is a gouged-out area in the right arm at about the midpoint on the lateral side; there is also a fracture of the humerus at this place. Whether the gouged-out area reached down to the fracture or not is impossible to say at the present time.

"Operative record, what was done and suture material used: Under general anesthesia a pin was inserted above and below the line of fracture and then the fracture reduced, the pins incorporated in a plaster cast, which extended over the entire arm and the chest.

"X-ray requisition [examination], August 3, 1943: Examination of the skull using the portable equipment shows a linear fracture involving the left parietal bone and running downward and forward across the temporal bone into the base. "Examination of the left shoulder shows a fracture of the clavicle at about the junction of the outer middle third with the inner fragment displaced upward in relation to the outer fragment.

"Examination of the ribs on the left side shows fractures of at least the third, fourth, fifth, sixth ribs in the axillary line with inward displacement of the anterior fragment. There is no evidence of intrathoracic damage.

"Examination of the right arm shows a comminuted fracture at about the midpoint of the shaft of the humerus with an angulation convexity anterior as well as a medial displacement of the lateral fragment for almost the entire width of the bone and an angulation convexity laterally.

"It is to be noted that all of these examinations were made with the portable equipment.

'X-ray requisition [examination], August 14, 1943: Reexamination of the right humerus after manipulation and application of a plaster cast shows the fragments to be in good alignment."

On April 11, 1944, Dr. John C. O'Dell, Jr., Medical Building, 1022 Park Street, Jacksonville, Fla., submitted the following report of an examination of Mr. Thomas made by him on that date: