76TH CONGRESS 3d Session SENATE REPORT { No. 1817 HAZEL THOMAS JUNE 12 (legislative day, MAY 28), 1940.-Ordered to be printed Mr. HUGHES, from the Committee on Claims, submitted the following REPORT [To accompany H. R. 6061] The Committee on Claims, to whom was referred the bill (H. R. 6061) for the relief of Hazel Thomas, having considered the same, report favorably thereon with the recommendation that the bill do pass with the following amendment: On page 1, line 6, strike out the figures "$5,000" and insert in lieu thereof "$3,500". The facts are fully set forth in House Report No. 2126, Seventysixth Congress, third session, which is appended hereto and made a part of this report. (H. Rept. No. 2126, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 6061) for the relief of Hazel Thomas, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 1, lines 5 and 6, strike out the language "allocated by the President for the maintenance and operation of the Forest Service, Department of Agriculture," and insert in lieu thereof "not otherwise appropriated." The purpose of the proposed legislation is to pay to Mrs. Hazel Thomas of Yorba Linda, Calif., the sum of $5,000 in full settlement of all claims against the United States for personal injuries and property damage received when the vehicle in which she was riding was struck on the Angelus Crest highway, by a Forest Service truck, on June 24, 1938. STATEMENT OF FACTS On June 24, 1938, Mrs. Hazel Thomas was driving her Dodge sedan on the Angelus Crest highway, 31⁄2 miles west of Charleton Flats. There had been severe rainstorms in that region several months prior to the accident herein involved, and at the time the road was under repair. There were several landslides on the road, and the accident occurred in a through cut in which one side of the slope had slid down, narrowing the roadway to approximately 12 feet, for a distance of 316 feet Mrs. Thomas was traveling at a moderate rate of speed in an easterly direction. The Forest Service truck, driven by one Frank McFeeters, was traveling west, bound to Montrose, with men from Charleton Flats. The passengers in the truck were on week-end leave. There was another truck traveling ahead of the one involved in the accident and this first vehicle raised a considerable cloud of dust, which, together with the glare of the sun, blinded the driver of the Government vehicle. In spite of the fact that his vision was completely obscured, the Government employee continued to drive along at a speed of about 25 miles an hour. When Mrs. Thomas observed the truck approaching her she stopped her car, when the two vehicles were approximately 120 feet apart. She reversed gears and was moving back as rapidly as she could with the proper measure of caution, but she could not avoid the collision, and the Government truck collided with her automobile. Mrs. Thomas was knocked unconscious and after the accident she was taken to the Charleton Flats camp. Immediately after the accident Mrs. Thomas appeared to have sustained only slight injuries, but it subsequently developed that her injuries were really of a much more serious nature. In a statement dated June 14, 1939, Dr. C. Glenn Curtis, of Brea, Calif., described Mr. Thomas' injuries as follows: "Loss of use of the right middle finger (major finger); 75-percent loss of use of her right hand (major hand); 25-percent loss of use of left elbow and definite injury to the muscles and ligaments of the back. X-ray negative for any bony pathology of the back. X-ray of her left elbow taken several months ago showed a chip of bone from the upper end of the ulna. Concussion and scars, which are very faint." Dr. Curtis' statement was made a year after the accident had occurred, and in this statement he also pointed out that the claimant had been totally disabled since the date of the accident, and that she would be at least 50 percent disabled for another year. Various other reports submitted to the Department of Agriculture are essentially the same, and indicate that Mrs. Thomas suffered a considerable injury. Up until July 1939, when the Department of Agriculture made its report to your committee, Mrs. Thomas was still in a highly nervous condition, was easily upset, and scarcely able to perform simple household duties. At the time of the accident, Mrs. Thomas was 50 years of age, and together with her husband, she operated a small 30-cow dairy ranch, which business produced an income of approximately $200 per month, and provided the sole support for the couple and also for Mrs. Thomas' aged mother. All work in connection with the dairy was performed by Mr. and Mrs. Thomas. After the accident, Mrs. Thomas was unable to do any of this work, and it became necessary to hire help from the period June 25 to October 28, 1938, and for 3 additional weeks, at a cost in wages of $252, and in board and lodging of $210, making a total of $462. However, the business could not be operated at a profit under these conditions, and it became necessary for Mr. and Mrs. Thomas to sell the dairy. The Department of Agriculture is in favor of the passage of the proposed legislation, it being the view of that Department that the proximate cause of the accident was the negligence of the Government driver in continuing his course while his vision was obscured. The Department recommends that the amount of $3,500 be awarded to Mrs. Thomas, comprised of the following items: 1. Medical attention to date... 2. Hire of automobile to replace damaged machine while undergoing repair 3. Loss of earning capacity from June 24, 1938, date of accident, to Mar. 1, 1939, date of sale of dairy, 8 months, at $100 per month. $117.50 70.00 825.00 4. Outlay for labor at dairy within period June 24, 1938, to Mar. 1, 1939, necessitated by Mrs. Thomas' inability to work 462. 00 5. Total disability of claimant from Mar. 1 to June 1, 1939, 3 months at $100 per month_ 6. 50-percent disability for the year June 1, 1939, to May 31, 1940, at $50 per month.. 7. Pain, suffering, and future medical attention_. Total.... 300. 00 600.00 1, 125. 50 3,500.00 However, after having gone very thoroughly into all the facts involved in this case, it is the opinion of your committee that the amount recommended by the Department is not commensurate with the degree of injuries and loss sustained by Mrs. Thomas. There is no item included for the loss of their business, which was certainly the direct outcome of this accident, and it is also the view of your committee that the amount allowed for pain, suffering, and future medical attention is insufficient. Furthermore, Mrs. Thomas will no doubt be disabled to a great degree for the rest of her life. It is the belief of your committee, therefore, that Mrs. Thomas should receive the sum of $5,000, and recommend that the bill do pass. Appended hereto is the report of the Department of Agriculture, together with other pertinent evidence. Hon. AMBROSE J. KENNEDY, DEPARTMENT OF AGRICULTURE, Chairman, Committee on Claims, House of Representatives. DEAR MR. KENNEDY: Reference is made to Department letter dated May 22, acknowledging receipt of your request for report on H. R. 6061, a bill in the sum of $5,000 for the relief of Mrs. Hazel G. Thomas (name appears as Hazel Thomas in bill) for personal injuries and property damage sustained when the automobile she was driving was struck by a Forest Service truck on Angelus Crest Highway near Charleton Flats, Calif., on June 24, 1938. The circumstances of the accident which resulted in injury to Mrs. Thomas are briefly as follows: Government vehicle operated by Frank McFeeters and the private car driven by Mrs. Thomas met about 6:30 p. m. on a one-way section of roadway approximately 12 feet in width which had been badly damaged a month or two previously by severe rainstorms. The driver of the truck, traveling west at a reported speed of 25 miles per hour, temporarily blinded by glare of the sun and dust raised by a preceding vehicle, was unable to see claimant's car approaching from the opposite direction until immediately upon it. Mrs. Thomas, upon observing the oncoming truck stopped her car when the separating distance was about 120 feet, reversed gears and was moving backward slowly at the time of collision. The damage to the vehicles was not great, consisting in both cases chiefly of bent fenders and broken bumpers. There is no doubt that negligence of the Government driver in continuing his course while his vision was obscured was the proximate cause of the accident resulting in claimant's injury. While it was reported at the time of the accident that Mrs. Thomas suffered only slight scratches, the injuries for which compensation is sought in the subject bill have been fully established and unquestionably resulted from the collision. In a statement dated June 14, 1939, Dr. C. Glenn Curtis, of Brea, Calif., described Mrs. Thomas' injuries in the following words: "Loss of use of the right middle finger (major finger); 75 percent loss of use of her right hand (major hand); 25 percent loss of use of left elbow and definite injury to the muscles and ligaments of the back. X-ray negative for any bony pathology of the back. X-ray of her left elbow, taken several months ago, showed a chip of bone from the upper end of the ulna. Concussion and scars, which are very faint." Dr. Curtis added in this statement that, "Mrs. Thomas has been totally disabled since the date of the accident, and, I believe, will be at least 50 percent disabled for another year." Other reports are essentially the same and indicate that Mrs. Thomas suffered a considerable injury. The record shows that she is still in a nervous condition, easily upset, and scarcely able to perform simple household duties. Mrs. Thomas was 50 years of age at the time of the accident. With her husband she operated a small 30-cow dairy ranch near Yorba Linda, Calif., which business produced an income of approximately $200 per month and provided the sole support for the couple and Mrs. Thomas' aged mother. All work in connection with the dairy was performed by Mr. and Mrs. Thomas. After the injury, Mrs. Thomas was unable to contribute her share of the work, and it became necessary to hire help for the period from June 25 to October 28, 1938, and for 3 additional weeks, inclusive dates not stated, at a cost in wages of $252 and in board and lodging of $210, making a total of $462. The dairy was sold March 1, 1939, ostensibly for the reason that it could not be operated profitably without Mrs. Thomas' contribution to the work which she was unable to continue after the accident. The Department recommends that your committee report favorably on H. R. 6061 to the amount of $3,500, which sum is comprised of the following items: 1. Medical attention to date. 2. Hire of automobile to replace damaged machine while undergoing repair. 3. Loss of earning capacity from June 24, 1938, date of accident, to March 1, 1939, date of sale of dairy, 84 months at $100 per month.. $117.50 70.00 825. 00 4. Outlay for labor at dairy within period June 24, 1938, to March 1, 462. 00 300. 00 600. 00 1, 125. 50 6. 50 percent disability for the year June 1, 1939, to May 31, 1940, at $50 per month... 7. Pain, suffering, and future medical attention_ Total... 3, 500. 00 Copies of the following statements are enclosed for the information of the committee: (1) Memorandum for regional fiscal agent, Forest Service, San Francisco, Calif., from the forest supervisor of the Angeles National Forest, dated June 21, 1939; (2) statement of Hazel G. Thomas, dated June 15, 1939; (3) statement of Dr. C. Glenn Curtis, dated June 14, 1939; (4) receipted bills covering payments to Mrs. N. F. Killinger for services, $252; (5) unpaid bill of Dr. C. Glenn Curtis, $65.50; (6) bill of Dr. L. F. Crenshaw, $10; (7) letter dated July 3, 1938, from Mrs. Thomas to Mr. Frank P. Begue; (8) statement of Frank P. Begue, foreman of construction and maintenance, who investigated the accident; (9) statement of driver of the Government truck. Sincerely, H. A. WALLACE, Secretary. LOS ANGELES, CALIF., MEMORANDUM FOR REGIONAL FISCAL AGENT Reference is made to your memorandum of May 23, Mr. Loving's memorandum of May 12 and to H. R. 6061 as introduced into the House of Representatives by Mr. Sheppard. We have experienced a little difficulty in contacting Mrs. Thomas and securing the necessary statements and receipted bills. Transmitted, herewith, is Dr. Curtis' statement of June 14, 1939, which we understand was prepared after he had given Mrs. Thomas a thorough examination. Dr. Curtis' unpaid bill in the amount of $65.50 is also enclosed. One paid statement for $10 in favor of Dr. Crenshaw is also enclosed. The bill for $42 mentioned in Mrs. Thomas' statement has not been presented, and we will request that this receipted bill be furnished immediately. However, in order to avoid further delay we are sending our report without this statement, and just as soon as it is received, we will forward it to your office. Two statements, one under date of October 28, 1938, and one undated, are enclosed covering the services of Mrs. Killinger. Mrs. Thomas explained to us that Mrs. Killinger's terms of hire included board and room. Reference is made to Mrs. Thomas' statement under date of June 17, 1939. In this statement Mrs. Thomas claims $70 for the loss of use of her car. After talking to Mrs. Thomas we feel that this claim is not unjust because it was necessary at times for her to borrow or rent from friends the use of their cars in performing the many duties necessary around a dairy ranch, and to carry in food supplies to Mrs. Loomis (mother of Mrs. Thomas) who resides at their ranch located on the Angeles Crest Highway within the boundaries of the Angeles National Forest. Knowing Mrs. Thomas before the accident, and after discussing her case with her since the accident, we are of the opinion that Mrs. Thomas has suffered a definite physical injury. We find that she has been very nervous and easily upset, and is unable to perform even the simple duties of housework. Mrs. Loomis told us that her daughter is very restless at night and does not sleep well. We have known Mrs. Loomis for over 25 years and do not doubt this statement. In our investigation we find that the Thomases were forced to sell their dairy due to Mrs. Thomas' inability to contribute her share of work, the business being too small to afford any hired help. Her claim for $750 loss on the dairy was based on her earning capacity for the period June 24, 1938, to June 1, 1939, the period of total disability as stated in the doctor's statement. The claim for $800 covers their loss of income from the date of sale to June 1. 1939. The claim for $600 is based on her 50-percent disability for the following year. The ranch mentioned in Mrs. Thomas' statement is well known to us since it is situated within the Angeles National Forest. No income is derived from the forest and all help must come from the outside. This is particularly true since the March 1938 flood which destroyed a large part of their property. Mrs. Loomis is entirely dependent upon Mrs. Thomas for her existence. The item for $2,246.50, asked for pain and suffering, will also cover future medical and doctors' attention which we know will be necessary. We are confident that Mrs. Thomas submitted the claim in all sincerity, that it is just, and we believe it was not her intention to secure any compensation that she feels isn't just. WILLIAM V. MENDENHALL, Forest Supervisor. By J. F. MIRCH, Acting. JUNE 15, 1939. Re A-Claims-Negligence, Thomas, Mrs. O. D. FOREST SUPERVISOR, UNITED STATES DEPARTMENT OF AGRICULTURE, I enclose a bill from Dr. Crenshaw for the sum of $42 which has been paid. After payment of that bill I made five calls upon the doctor and paid him $10 in cash for which I have no bills. I will furnish you a receipted bill for that amount. I also enclose a bill from Dr. C. Glenn Curtis which is up to date, for the sum of $65.50. This bill has not been paid, owing to my being temporarily financially embarrassed. I also enclose a statement from Thelma Killenger for housework and taking my place on the dairy ranch for the sum of $216. This bill is acknowledged and has been paid. Mrs. Killenger remained at work approximately 3 weeks thereafter, and was also paid for that work. I will furnish you a receipted bill for that sum. In addition to paying Mrs. Killenger $12 a week, I furnished her with board and room. In other words, she was paid $12 a week plus board and room. I feel that her board and room was reasonably worth the sum of $10 a week, which, a total of 21 weeks, would make $210. My automobile was actually laid up about 6 weeks, due to the garage people being unable to secure parts. However, I am advised that had they the parts, and had they worked on the car continuously, the job could have been finished in 2 weeks. This car was used in our business, and I had to get another car, which we paid at the rate of $5 per day. Since it is the fault of the garage that the car was not repaired, I am charging for 14 days' loss of use at $5 per day, or $70 loss of use. I feel that I have been practically totally disabled for 1 year. My husband and I operated a dairy ranch near the town of Yorba Linda, and I worked on the |