MARCH 28 (legislative day, MARCH 18), 1949.-Ordered to be printed Mr. MCCARRAN, from the Committee on the Judiciary, submitted the following REPORT To acompany H. R. 576] The Committee on the Judiciary, to whom was referred the bill (H. R. 576), for the relief of Arthur G. Robinson, 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 the sum of $3,000 to Arthur G. Robinson, of Keansburg, N. J., in full settlement of all claims against the United States for personal injuries, medical and hospital expenses, and loss of earnings sustained as a result of an accident involving a United States Army vehicle on Route 35, in Middletown Township, N. J., on August 18, 1944. STATEMENT On August 18, 1944, at about 8 a. m., an Army truck operated by a civilian employee of the post garage, Fort Monmouth, N. J., on official business, was proceeding north on Route No. 35, just north of Middletown, N. J. The Army truck was closely following a truck owned by Dugan Bros. of New Jersey, Inc., of Newark, N. J., driven by its employee, Arthur G. Robinson, 170 Forest Avenue, Keansburg, N. J. It was raining and the highway was slippery. Desiring to make a left turn, Mr. Robinson gave the proper hand signal and brought his truck to a stop to permit south-bound traffic to clear. The driver of the Army vehicle observed Mr. Robinson's signal and applied his brakes, but the Army vehicle skidded forward on the wet pavement and crashed into the rear end of the civilian truck. The civilian truck and a load of bakery products carried therein were damaged and Mr. Robinson sustained personal injuries. The Secretary of the Army in his report dated December 16, 1947, stated: The records of the Department of the Army disclose that at the time of this accident Mr. Robinson's wife, Mrs. Marie Veronica Robinson, age 38 years, and their three minor children, 11, 12, and 16 years of age, respectively, were dependent upon him for their support. No claim has been filed with the War Department or the Department of the Army by Mr. Rol inson on account of the injuries sustained by him in this accident. The evidence clearly establishes that this accident and the resulting injuries sustained by Arthur G. Robinson were not caused by any fault or negligence on his part but were caused solely by the negligence of the driver of the Army vehicle involved in said accident in failing to have his vehicle under such control as would have enabled him to stop or otherwise avoid an accident when the vehicle ahead of him stopped. The Department of the Army, therefore, believes that the claimant should be compensated in a reasonable amount for his injuries, the disability resulting therefrom, the pain and suffering incident thereto, and the loss of earnings sustained by him. The proposed award of $10,000 stated in H. R. 2435 appears to be somewhat excessive, but the Department would have no objection to the enactment of the bill if it should be amended to provide for an award to Mr. Robinson in the amount of $3,000, which, it is believed, would constitute a fair and reasonable settlement for the damages sustained by him as a result of this accident. The Department of Justice concurred in the views set forth by the Department of the Army in a letter to the Senate Committee on the Judiciary, dated August 31, 1948. The committee concur in the recommendations of the Army and Justice Departments. Attached hereto and made a part hereof are the following: (1) Letter from the Department of the Army to Hon. Earl C. Michener, chairman, Committee on the Judiciary, House of Representatives, dated December 16, 1947. (2) Letter from the Department of Justice to Hon. Alexander Wiley, chairman, Committee on the Judiciary, United States Senate, dated August 31, 1948. Supporting affidavits of the claimant and his doctors may be found in House Report No. 45, Eighty-first Congress, and need not be reprinted here. Hon. EARL C. MICHENER, DEPARTMENT OF THE ARMY, Washington, D. C., December 16, 1947. Chairman, Committee on the Judiciary, House of Representatives. DEAR MR. MICHENER: The Department of the Army would have no objection to the enactment of H. R. 2435, Eightieth Congress, a bill for the relief of Arthur G. Robinson, if it should be amended as hereinafter recommended. This bill would authorize and direct the Secretary of the Treasury "to pay, out of any money in the Treasury not otherwise appropriated, the sum of $10,000, to Arthur G. Robinson, of Keansburg, New Jersey * * * in full settlement of all claims against the United States on account of personal injuries, medical services, loss of earnings, and future loss of earnings sustained when the bakery truck driven by Mr. Robinson was involved in a collision with an Army truck on Route 35, in Middletown Township, New Jersey, on August 18, 1944.". On August 18, 1944, at about 8 a. m., an Army truck operated by a civilian employee of the post garage, Fort Monmouth, N. J., on official business, was proceeding north on Route No. 35, just north of Middletown, N. J. The Army truck was closely following a truck owned by Dugan Bros. of New Jersey, Inc., of Newark, N. J., driven by its employee, Arthur G. Robinson, 170 Forest Avenue, Keansburg, N. J. It was raining and the highway was slippery. Desiring to make a left turn, Mr. Robinson gave the proper hand signal and brought his truck to a stop to permit south-bound traffic to clear. The driver of the Army vehicle observed Mr. Robinson's signal and applied his brakes, but the Army vehicle skidded forward on the wet pavement and crashed into the rear end of the civilian truck. The civilian truck and a load of bakery products carried therein were damaged and Mr. Robinson sustained personal injuries. On July 2, 1947, Dr. Franklin L. Wilbur, 515 Eighth Avenue, Asbury Park, N. J., made the following statement concerning Mr. Robinson's injuries and the treatment thereof: "I treated the above named person (Arthur G. Robinson) from August 18 to September 26, 1944, for injuries alleged to have been received in an automobile accident on August 18, 1944. Said injuries were: "1. Lower back strain. "2. Contusion of chest, over sternum.; "X-rays of the lower back were taken by Dr. William G. Herrman of Asbury Park, N. J., on August 23, 1944, * * * There was considerable muscular spasm of the lower back muscles and forward bending from the waist and lateral bending were limited by muscle spasm and evident pain. The patient winced on pressure with the examining hand over the sternum and he claimed to feel pain in the front of the chest on deep inspiration. * * I closed the case as of September 26, 1944, and at that time, estimated that there would be no permanent disability and that partial disability would last about 2 months. "On February 8, 1945, the patient returned to my office complaining of lower back pain, which I believed to have been due to the accident. He had been working since I discharged him but stated, 'About a month ago my back started to bother me, especially at the end of a long day of work. The pains were so bad my right leg would hardly hold me.' At that time, namely, February 8, 1945, there was tenderness on pressure over the right sacroiliac joint and treatment was again instituted from February 8, 1945, until April 2, 1945, during which time 10 office treatments were given. I did not see the patient again until July 1, 1945, when he claimed to have lower back pain on the right side on flexion and twisting. No further treatment was given. "I estimated 10 percent of total loss of the use of the back." On or about April 30, 1947, Mr. Robinson was examined by an Army medical officer, who in his report of such examination said: "Physical examination.-Back: There is no particular scoliosis, kyphosis, nor increased lumbar lordosis. There is no sacrospinalis spasm. There is tenderness over the spinous processes of L4 and L5 vertebrae. There is slight tenderness over the transverse processes of L4 and L5 vertebrae, more marked on the right than the left. Forward, backward, and lateral bending all cause some pain, particularly at the lumbosacral joint. There is no tenderness over the sacroiliac joints. No tenderness on deep pressure in either buttock over the sciatic notch. There is no pain on lateral compression of the pelvis. Straight leg raising and Leseague's sign are negative on the right but the patient says there is slight pain in the back with the left leg at a 90° angle with the body. Patrick's sign is negative bilaterally. Passive hyperextension of the back causes slight pain at the lumbosacral joint. The knee jerks and ankle jerks are active and equal bilaterally. The patient claims there is some decreased sensation over most of the left foot when tested with a pin. This follows no particular nerve distribution. "Left knee: There is evidence of a slight amount of fluid in the knee joint. The patella is slightly ballotable. There is slight tenderness to pressure above and medial to the patella and also over the anterior tibial tubercle. The cruciate ligaments are intact. There is no lateral instability with the knee in extension. There is slight tenderness over the medial compartment on flexion and extension of the knee. There is no tenderness over the lateral compartment. Full extension of the knee joint is possible, but gives some pain. There is some pain in the knee on flexion to 60° or less with the thigh. "X-ray of the back, lumbosacral spine, was reported as showing no recent or old injuries. "Clinical impression: Back myofascitis, chronic. Knee derangement, internal, knee, left; tear, medial meniscus." On September 11, 1947, the following statement was submitted by Harry S. Medinets, deputy commissioner, department of labor, State of New Jersey, concerning a claim filed by Mr. Robinson under the New Jersey Workmen's Compensation Act: "Mr. Robinson filed a petition under the provisions of the Workmen's Compensation Act, against his employer Dugan Bros. * * "Dr. Joseph G. Villapiano of Asbury Park, N. J., testified on his behalf on the basis of a lumbosacral sprain and fixed his orthopedic disability at 15 percent of total, and allowed him 5 percent of total on the basis of a neurosis. "Dr. Wolfe Emmer of Newark, N. J., limited the petitioner's disability to a back injury and fixed his partial permanent disability at 5 to 7 percent of total. The following is a statement from the X-ray report of Dr. W. G. Herrman of Asbury Park, N. J.: ""Skull: Radiographs were taken of the skull to show both lateral aspects, posterior and anterior. ""We find evidence of a long linear fracture involving the right parietal bone and the base of the frontal bone on the right side. From the base of the frontal fossa of the skull the fracture line runs upward and backward for about 8 cm. It crosses the coronal suture line and the course of the middle meningeal articulation. ""Right shoulder: Radiographs were taken of the right shoulder anteroposteriority to show all of the clavicle, and posteranteriorly obliquely of the inner two-thirds of the right clavicle in the upper end of the sternum. "We do not detect any evidence of fracture or dislocation. 'Right knee: Radiographs were taken posteroanterioly and laterally. "No evidence of fracture or bone pathology is noted.' "I made the award in favor of Mr. Robinson on the following basis: "Temporary disability: 9 weeks at $20 amounting to $188.57. "Partial permanent disability: 10 percent of total, 50 weeks at $20 amounting to $1,000. "I ruled out the neurosis as being attributable to the accident." Mr. Robinson was 36 years of age at the time of this accident and was employed as a deliveryman for Dugan Bros. of New Jersey, Inc. (bakers), at an average weekly wage of $70. After being absent from his employment for 3 weeks, for which period he received full pay, he returned to work, but he had to quit on February 10, 1945, because of the disability resulting from his injuries. It appears that thereafter for a period of 9 weeks he received $20 a week as workmen's compensation benefits, losing $50 a week during that time. It also appears that from April 18 to July 26, 1945, Mr. Robinson earned no wages and received no compensation benefits, losing $70 a week during that period. On July 26, 1945, he went to work at the post office in Keansburg, N. J., at $40 a week, and remained in that position until December 31, 1945, losing $30 a week during that period. He was without work from December 31, 1945, until March 11, 1946, during which time he lost $70 a week. On March 11, 1946, he obtained employment at Arvel Terminal, Linden, N. J., at $42 a week, where he was still employed on April 21, 1947. It appears that for the treatment of the injuries sustained by him in this acci dent Mr. Robinson incurred medical expenses in the amount of $190, all of which amount except $45 was paid by his employer. The records of the Department of the Army disclose that at the time of this accident Mr. Robinson's wife, Mrs. Marie Veronica Robinson, age 38 years, and their three minor children, 11, 12, and 16 years of age, respectively, were dependent upon him for their support. No claim has been filed with the War Department or the Department of the Army by Mr. Robinson on account of the injuries sustained by him in this accident. The evidence clearly establishes that this accident and the resulting injuries sustained by Arthur G. Robinson were not caused by any fault or negligence on his part but were caused solely by the negligence of the driver of the Army vehicle involved in said accident in failing to have his vehicle under such control as would have enabled him to stop or otherwise avoid an accident when the vehicle ahead of him stopped. The Department of the Army, therefore, believes that the claimant should be compensated in a reasonable amount for his injuries, the disability resulting therefrom, the pain and suffering incident thereto, and the loss of earnings sustained by him. The proposed award of $10,000 stated in H. R. 2435 appears to be somewhat excessive, but the Department would have no objection to the enactment of the bill if it should be amended to provide for an award to Mr. Robinson in the amount of $3,000, which, it is believed, would constitute a fair and reasonable settlement for the damages sustained by him as a result of this accident. Mr. Robinson has no remedy under the Federal Tort Claims Act of August 2, 1946 (60 Stat. 842; 28 U. S. C. 921), since the accident out of which his claim arose occurred prior to January 1, 1945. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, KENNETH C. ROYALL, DEPARTMENT OF JUSTICE, Hon. ALEXANDER WILEY, 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 (H. R. 2435) for the relief of Arthur G. Robinson. The bill passed the House of Representatives on June 8, 1948. The bill would provide for payment of the sum of $3,000 to Arthur G. Robinson, of Keansburg, N. J., in full settlement of all claims against the United States for personal injuries, medical services, loss of earnings, and future loss of earnings sustained by him in an accident involving a United States Army vehicle. From the committee report concerning this legislation (H. Rept. No. 2115, 80th Cong.), it appears that on August 18, 1944, a bakery truck owned by Dugan Bros. of Newark, N. J., and driven by claimant was proceeding north on Route No. 35 just north of Middletown, N. J. Following this truck was an Army truck operated by a civilian employee of the post garage, Fort Monmouth, N. J., on official business. It was raining and the highway was slippery. Claimant, desiring to make a left turn, gave the proper hand signal and brought his truck to a stop to permit south-bound traffic to clear. The Army driver observed claimant's signal and applied his brakes but the Army vehicle skidded forward on the wet road and crashed into the rear end of the civilian truck. The civilian truck and the bakery products carried therein were damaged and claimant sustained personal injuries. Medical expenses in the amount of $190 were incurred by claimant as a result of the accident, all of which amount except $45 was paid by his employer. At the time of the accident claimant was 36 years of age and had a wife and three minor children who were dependent upon him for their support. As the result of a claim filed by Mr. Robinson under the New Jersey Workmen's Compensation Act, he was awarded temporary disability for a period of 9 weeks at $20 a week, amounting to $188.57, and 10 percent partial permanent disability for 50 weeks at $20 a week, amounting to $1,000. In a letter dated December 16, 1947, from the Secretary of the Army to the chairman of the House Committee on Claims, it was stated that the evidence clearly establishes that the accident and resulting injuries sustained by claimant were caused solely by the negligence of the Army driver in failing to have his vehicle under such control as would have enabled him to stop or otherwise avoid an accident when the vehicle ahead of him stopped. The Department of the Army stated, therefore, that it believed that claimant should be compensated in a reasonable amount for his injuries, the disability resulting therefrom, the pain and suffering incident thereto, and the loss of earnings sustained by him. It further stated, however, that the proposed award of $10,000 appeared to be somewhat excessive and that the Department of the Army would have no objection to enactment of the bill if it should be amended to provide for an award to claimant in the amount of $3,000 which it is believed would constitute a fair and reasonable settlement for the damages sustained by him as a result of this accident. The bill was subsequently amended accordingly. 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. |