76TH CONGRESS 3d Session SENATE { REPORT No. 1900 ANGIE WARD JUNE 19 (legislative day, MAY 28), 1940.—Ordered to be printed Mr. HUGHES, from the Committee on Claims, submitted the following. REPORT [To accompany H. R. 2489] The Committee on Claims, to whom was referred the bill (H. R. 2489) for the relief of Angie Ward, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The facts are fully set forth in House Report No. 2320, Seventysixth Congress, third session, which is appended hereto and made a part of this report. (H. Rept. No. 2320, 76th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 2489) for the relief of Angie Ward, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Line 5, after the name "Ward" insert "of Boones Camp, Kentucky". Line 6, strike out the sign and figures of "$1,000" and insert in lieu thereof "$500". At the end of the bill add: ": Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000." The purpose of the proposed legislation is to pay to Angie Ward, of Boones Camp, Ky., the sum of $500 in full settlement of all claims against the Government of the United States, for injuries received by her on account of and resulting from injuries received on October 22, 1934, by a tractor running over her foot, said tractor being driven by Victor Preece, an employee of the Civilian Conserva tion Corps. STATEMENT OF FACTS At about 3:30 p. m. on October 22, 1934, Miss Angie Ward, a school teacher, left her schoolhouse. There was a Department of Agriculture project employing Civilian Conservation Corps workers for road maintenance in this immediate vicinity, and a tractor and grader were used on this project. Miss Ward, together with two other teachers and several school children, walked along this road in a southeasterly direction, and at this time the tractor and grader were being operated S. Repts., 76-3, vol. 385 in the same direction. When the group approached the spot where these Civilian Conservation Corps boys were working, the foreman of the project told the boys to stop the tractor and allow the pedestrians to pass. They stopped the machine but started it again after the pedestrians had gone only a short distance. Miss Ward was about 50 feet behind the others in her group and upon hearing the grader being operated she moved as far as she could to the side of this road, which was very narrow and on a high embankment. About this time Miss Ward saw the blade of the grader swing out in front of her face. At this same time the grader struck a boulder on the extreme left which caused the machine to skid toward the right, and the right rear wheel passed over Miss Ward's left foot. As a result of this accident three bones in Miss Ward's left foot were broken and she was disabled for approximately 2 months, and she was wholly without applicable commercial or State insurance protection when injured. Furthermore, no fund was available in that county for the benefit of teachers because of disability resulting from personal injuries or otherwise. It was, therefore, necessary for Miss Ward to secure a substitute teacher and, according to affidavits filed with the Department of Agriculture, two different substitutes were employed in this capacity for a total of 69 school days, for which Miss Ward paid the sum of $169. The Department of Agriculture recommends the passage of the proposed legislation in the amount of $500 computed as follows: Hire of substitute teachers during period of incapacity. $169 Board bill during period of incapacity (incurred because of necessity of living away from home). 80 In this recommendation your committee concur, and append hereto the report of the Department of Agriculture, together with other pertinent evidence. 179 500 Hon. AMBROSE J. KENNEDY, DEPARTMENT OF AGRICULTURE, Chairman, Committee on Claims, House of Representatives. DEAR MR. KENNEDY: Reference is made to your letter dated October 10, 1939, and Department acknowledgment of November 10, relative to H. R. 2489, a bill in the sum of $1,000 for the relief of Miss Angie Ward, Poones Camp, Johnson County, Ky., injured October 22, 1934, by a Government tractor engaged in roadmaintenance work running over her left foot. Additional information has now been obtained through the field office of the Forest Service concerned relative to the manner and extent of injuries suffered by Miss Ward and her present physical condition. The evidence indicates that a tractor and grader were traveling a 121⁄2-foot road in a southeasterly direction, as were also several school children and two teachers, including Miss Angie Ward. Prior to the accident the grader had been stopped to allow the pedestrians to pass who were approaching from the rear on the right side of the road. All of the individuals passed except Miss Angie Ward who apparently thought it safe to walk beside the tractor and grader. There was a clearance of 11⁄2 feet between the right wheel of the grader and the edge of the road, on which strip Miss Ward assumed it safe to walk when the tractor resumed its forward motion Almost immediately the grader struck a boulder on the extreme left which caused the machine to skid toward the right and the right rear wheel to pass over claimant's left foot. Under the above circumstances it is considered that claimant exhibited poor judgment in assuming the risk of remaining near the grader instead of proceeding ahead with the other members of her party. On the other hand, it is felt that the operator of the grader was in a better position than the claimant to realize the full dangers and that he was negligent in failing to advise, or if necessary insist, that claimant go on ahead with the other pedestrians. Only by employment of such means would Miss Ward have been assured of safe passage. The record shows that Miss Ward, who was 28 years of age at the time of injury, was disabled for performance of her work as school teacher for approxi mately 2 months. It also appears from the evidence that she has effected practically a complete recovery. She was wholly without applicable commercial or State insurance protection when injured. In this respect the county superintendent of schools has certified that no fund is available in the county for the benefit of teachers because of disability resulting from personal injuries or otherwise. Dr. Paul B. Hall, of Paintsville, Ky., in letter dated December 15, 1939, states: "Examination of her left foot shows slight limitation of motion of the fourth and fifth toes. The circumference of the left foot at the base of the toes is slightly larger than the right." He also indicates that her general health is in fair condition. Junior Administrative Assistant A. H. Lochner, of the Department, Bureau of Forest Service, in letter dated December 29, 1939, states that he interviewed Miss Ward on November 21, 1939, and reports thereon as follows: "The writer interviewed Miss Ward and there was no indication of disability, does not limp, nor has it affected her earning power. She has been employed as a teacher in this county from time to time since the accident at the same salary as she received prior to October 1934." From the above statements it is evident the accident in 1934 has not resulted in permanent injury to claimant to a degree which incapacitates her for employment as a teacher; nor has it resulted in any physical deformity or after effects detrimental to a general satisfactory condition of health. In view of the circumstances of the accident and also the fact that there have been no after effects to disqualify claimant from employment in her usual work and no harmful physical impairment has developed, it is the recommendation of the Department that an award be made Miss Ward in the amount of $500 which covers the total cash outlay to which she has been subjected by reason of the accident, plus a small sum for pain and suffering and the slight permanent disability alleged. The details of the recommended award follows: 1. Hire of substitute teachers during period of incapacity. 2. Board bill during period of incapacity (incurred because of necessity of living away from home). 3. Bus fare__ 4. Hospital and medical expenses. 5. Pain, suffering, etc-- Total.... Items 1 to 4, inclusive, are supported by bills and receipts. $169 80 6 66 179 500 The Department further recommends that the bill be amended by addition of the following clause: "Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.' The more important documents in the case are enclosed for the information and files of your committee. Sincerely, GROVER B. HILL, Acting Secretary. STATE OF KENTUCKY, County of Johnson, ss: Further supplementing her original affidavit herein, the affiant, Miss Angie Ward, states that at the time and upon the occasion of her injury as more particularly set out in her original affidavit, she was engaged in the profession of school teaching and had been so engaged for about 9 years immediately prior thereto, and at the time of said injury she was receiving approximately $76 per month of 20 days each, or $19 per week, and that on account of said injury she was totally unable to perform any of the duties of her profession for a period of 8 weeks, during which time she didn't engage in that or any other work, but she was required to employ a substitute for that period of time, at her own expense. Affiant further states that in addition to her damages sustained by reason of the injury mentioned in this action, she incurred, as a result of said injuries, a hospital expense at the Paintsville Hospital, amounting to $56, part of which she has paid and the remainder of which she is obligated to pay said hospital. The statement of said account is filed herewith and made a part hereof, marked "Exhibit A." Affiant further states that immediately after the termination of her period of total disability of 8 weeks it was necessary for her to walk on crutches, as a result of which it was necessary for her to change her boarding place from her home, where her board cost her nothing, to another boarding place in Paintsville, where she was required to pay board at the rate of $20 per month for a period of 2 months, making a total of $40; and to expend money for bus fare from said boarding place to school, which amounted to approximately $3, making a grand total of $43 for board and bus fare. All of which was incurred as a direct result of said injury. ANGIE WARD. [SEAL] Subscribed and sworn to before me by Miss Angie Ward, this the 26th day of June 1937. CHARLES M. WELLS, Notary Public. My commission as notary public expires on the 13th day of January in the year 1938. AFFIDAVIT OF ANGIE WARD IN SUPPORT OF HER CLAIM On October 22, 1934, I left my schoolhouse about 3:30 p. m. I stopped at the Three Forks of Greasy schoolhouse and waited a few minutes for my sister and Grayce Mollette (now Grayce Mollette Preston), of Williamsport, Ky. Miss Mollette was going to my home to spend the night. A few yards above the schoolhouse a group of Civilian Conservation Corps workers were working on the road. The two girls spoke to the boys on the tractor, but I did not. The foreman of the group came up and told the boy to stop the machinery for us to pass. He did so and after we had gone a short distance, they started on again, coming close behind us. We stopped and the tractor also stopped. We started on again and after going a few feet the tractor came on behind us. I was about 50 feet behind my sister and Miss Moilette and some school children, and hearing the noise of the grader I got to the side of the road as far as I could, for the road was very narrow and on a high embankment. About this time I saw the blade of the grader swing out in front of my face. I dodged backward to prevent the blade from striking my face, and in doing so my right foot slipped over the bank, and in failing to get my left foot over the right rear wheel of the grader ran over my foot. I was also hit on the knee and knocked over the embankment. I did not realize just how badly I was hurt, as I was scared and nervous, until I tried to get up and found that I couldn't walk. The grader slowed down but did not stop and two men jumped off and ran back to me. One of the men, James W. Linvell, helped me up the bank. I was brought to the Paintsville Hospital, Paintsville, Ky., by Edd Samons in his car. He was just behind the grader when the mishap occurred. The X-ray of my foot showed three bones broken. After staying in the hospital for a week my foot was placed in a cast and I was taken to the home of Mrs. L. C. Bailey, where I remained for a time until the cast was removed. I was absent from my school work for 2 months and when I went back I had to use crutches until the last of December. During this time I had to board and ride the bus to and from my school. I fell and injured my foot at the schoolhouse which caused me added suffering and the wearing of a new bandage. After my foot was broken it turned black, was swollen and caused me a great deal of pain. I was given "shots" to ease the pain and to quiet my nerves. The breaking of my foot has left it in a very weakened condition and gives me a great deal of pain and I now wear a size larger shoe than I did before the mishap occurred. I was out expenses for three X-rays, hospital bill, money for paying a substitute for 8 weeks teaching and board bills and bus fare for the rest of the year, As my foot was broken across the top it caused it to be stiff and I can't move my toes without bending them by force. Sworn to and subscribed before me this 19th day of June 1937. ANGIE WARD. LUCILLE ROBERTS, Examiner for Johnson County. Subscribed and sworn to before me by Angie Ward, this 21st day of June 1937. My commission expires January 26, 1938. AFFIDAVIT OF HANNAH JEAN WARD IN SUPPORT OF ANGIE WARD'S CLAIM On the afternoon of October 22, 1934, while on our way home from school we were forced off the road by a Civilian Conservation Corps tractor and grader. The wheel of the grader ran on Miss Angie Ward's foot (my sister) and crushed her foot. This accident happened on Greasy Creek near Boones Camp, Ky. There were three teachers and a number of school children going along this road. We came up to the place at the foot of a bank where the tractor was turning. The driver of the tractor stopped to let us go by. We spoke to him and passed on by. We walked up the road about 200 yards when the tractor caught up with us again. We moved over to the side of the road to let the tractor pass. When we stopped the driver stopped the tractor and Mr. Vinson, the man on the back of the tractor, motioned for us to go on. We got back in the road again and started on in front of the tractor. After we got back into the road the tractor immediately started behind us. It came on faster than we could walk and we were forced to get out of the road at a very narrow place and on a high embankment. Miss Angie Ward, being behind the crowd, was forced to get over at the most narrow place on this section of the road. I looked back and saw Angie standing with one foot over the embankment and the other on the edge of the road and in dodging from a blade of the grader failed to get the other foot in the clear. After the tractor got by it slowed down and Mr. Vinson and James W. Linvill, who were riding on the back of the tractor, jumped off and came back to where we were and helped Angie up the bank. Eddie Sammons came up in his car and took her to the Paintsville Hospital where she had an X-ray made of her foot which showed that three bones were broken. HANNAH JEAN WARD. Sworn to and subscribed before me this 19th day of June 1937. LUCILLE ROBERTS, Examiner for Johnson County. Subscribed and sworn to before me by Hannah Jean Ward, this 21st day of June, 1937. [SEAL] My commission expires January 26, 1938. PAUL C. HAGER, Notary Public, Johnson County, Ky. AFFIDAVIT OF GRAYCE MOLLETTE PRESTON IN SUPPORT OF ANGIE WARD'S CLAIM On October 22, 1934, I was going home with Hannah Jean Ward to spend the night. We started from the schoolhouse along with a bunch of the school children. Angie Ward, teacher at the Hurricane School was along also. When we went around the bend just below the home of Paris Penix the tractor and the grader were moving along in the road. They stopped to let us pass. We went by and had walked on about 200 yards when the tractor caught up with us. We stopped to let it pass by and it stopped also. They motioned for us to go on. We went on for a few feet and stopped again to let it by. The road being narrow, we had to stand very close to the edge of the bank. After the tractor and grader had passed I heard someone say, "The grader ran over the lady's foot." I looked around and Angie was standing with one foot over the bank and the other foot up in the road. We ran back and Hannah Jean took off her shoe and her foot was turning blue. Two men got off the tractor and came back and the grader and tractor went on. I really think that Angie was off the road over the bank as far as she could possibly get and was doing all that she could to get out of the way Probably |