ficial lacerations of the right cheek. Superficial laceration on the right side of the upper lid. Laceration on the nose. Triangular piece lacerated on the left cheek from which wound a small piece of glass was removed. This wound was closed with one horsehair suture under aseptic conditions. Also had multiple superficial lacerations on the left side of the face. Superficial laceration of the left ear. A piece of glass was also removed from this laceration which was deep. This laceration was bleeding profusely. Sutured with one horsehair suture and pressure bandage applied. There was another laceration in the left temporal region which required one horsehair suture. Child very pale and weak. Vomiting. Chest-throat negative. Neck negative. Heart, lungs negative. Abdomen nega tive. Extremities negative. "Progress record: April 11. Patient vomited for 2 days. Left side of face swollen. No signs of sepsis. Complains of left earache. Patient discharged home for further treatment." Dr. Frank P. Scigliano, who also attended Vincent Capodanno, gave a detailed report of the child's injuries and treatment in a letter dated July 21, 1944, addressed to the claimant's attorney. This report was substantially identical to the hospital report quoted immediately above, with the additional information that Vincent Capodanno was under the home care and treatment of Dr. Scigliano from April 11, 1944, the date of his discharge from the hospital, to and including April 22, 1944. It was stated by the physician that the triangular laceration on the patient's left cheek left a permanent scar, and that there were likewise permanent scars on the left ear and upper lip. Vincent Capodanno was also examined by Lt. Comdr. T. G. Powell, (MC) USNR, on February 27, 1945, with a report as quoted below: "Examination of the patient revealed three small residual scars from lacerations suffered at the time of the alleged accident. These are: (1) A small triangular scar 5 millimeters in size on the left cheek just below the left malar eminence. (2) A linear scar 5 millimeters in length and 1 millimeter in width over the left zygomatic arch. (3) A linear scar just two millimeters in length and 1 millimeter in width above the hair-line on the left temporal region. These scars are not of sufficient size to be disfiguring.' Mrs. Mary Capodanno incurred hospital bills, including laboratory and X-ray fees, totaling $32. Her bill from Dr. Browder for his consultation services was in the amount of $15; and Dr. Scigliano rendered a bill in the amount of $150 covering professional services from April 8, 1944, to June 26, 1944. Her total medical expenses, so far as they are revealed by the records of the Department of the Navy, were therefore $197. Charges for the medical attention received by Vincent Capodanno consisted of a hospital bill for $14, and a doctor's bill for $55, totaling $69. Mrs. Capodanno was not gainfully employed at the time of the accident, but devoted her time to her duties as a housewife. The report of the Navy investigation of the incident does not reveal whether either of the claimants received any compensation from insurance or other sources as a result of the accident. On August 8, 1944, Mrs. Mary Capodanno filed a claim against the Department of the Navy in the amount of $2,500 for the personal injuries she sustained in the subject accident. Gaetano Capodanno, the father of Vincent Capodanno, filed on the same date a claim in the amount of $1,500 on behalf of his infant son for the personal injuries sustained by the child. Both of these claims were rejected by the Department of the Navy on the ground that the Department at that time had no authority to consider or pay claims for personal injuries. The claimants were advised that their only recourse against the Government would be through the enactment of private relief legislation. On February 9, 1945, the bill H. R. 2101 was introduced in the Seventy-ninth Congress "for the relief of Evelyn DeNunzio, Mrs. Mary Capodanno, and the legal guardian of Vincent Capodanno" in amounts respectively identical to the amounts previously claimed administratively from the Department of the Navy. Under date of April 18, 1945, the Department of the Navy submitted to the chairman of the Committee on Claims of the House of Representatives a complete report of the facts of the case up to that time. In that report, the Department of the Navy recommended against the enactment of the bill H. R. 2101 of the Seventy-ninth Congress on the ground that the information then available indicated that the accident giving rise to the claims was not due to the negligence of the driver of the Government vehicle. The bill H. R. 2101 failed of enactment in the Seventy-ninth Congress. In July 1945, a suit in tort was filed in the Superior Court within and for the County of Suffolk at Boston, Mass., in the case of Vincent Capodanno v. Francis Regan, Evelyn DeNunzio and John Salipante, alleging damages on the part of the plaintiffs in the amount of $10,000. In view of the fact that Francis Regan, a codefendant in this suit, was an employee of the United States Government and was acting within the scope of his employment at the time of the accident giving rise to the suit, arrangements were made for the United States Attorney at Boston, Mass., to make a defense on behalf of defendant Regan. In a letter dated January 21, 1947, quoted in full below, the United States attorney described the trial and its results: "Re: Vincent Cappodano v. Francis Regan, tort action for personal injuries" "The ATTORNEY GENERAL, Washington 25, D. C. "SIR: The above case was tried before Judge Beaudreau in Suffolk Superior Court for 3 days, January 16, 17, and 20. The jury brought in a verdict of $850 for Mrs. Mary Cappodano and $350 for Vincent Cappodano, the son. "Mrs. Cappodano was still complaining of her injuries and her doctor testified that the injury to her right shoulder was permanent; that it would be necessary to perform another operation, 'an open reduction,' in order to ease the pain. Mrs. Cappodano stated that the pain had existed since the date of the accident. April 8, 1944; that there was limitation in the movement of her right arm. "Our doctor, Thurston Powell, testified that at the time he examined the plaintiff on February 26, 1945, she had recovered from whatever injury she had sustained. Under cross-examination, however, he admitted that there still was some deformity there, appearing in the X-ray taken as of that date; that she might still have some disability. Other than that, there was no limitation of motion and no reasons why she should be experiencing any pain from the injury received in this accident. "In regard to plaintiff Vincent Cappodano, the doctors for the plaintiff pointed out that several scars are on the boy's face as a result of this accident. Dr. Powell testified for the defendant, stating that he felt these scars would disappear in time and would not be permanent. "There was a grave question of liability here because both of these plaintiffs were passengers in the other vehicle and, of course, all they had to show was slight negligence on the part of the defendant in order to recover. I feel, since the jury felt there was some negligence on the part of our operator, that the jury gave very small damages considering the injuries, and this was probably due to the fact that the jury was out so long in deliberating that it must have been a compromise verdict. "Respectfully, "GEORGE F. GARRITY, A letter dated February 10, 1947, from the Department of Justice to the Department of the Navy, enclosing the letter quoted immediately above, contained the following additional remarks concerning the outcome of the civil suit against Francis Regan: "We are informed by the United States attorney that the situation was immediately explained after trial to the defendant, giving him an opportunity to consult private counsel and that it was agreed that there simply was no basis for appeal and the case was thereupon closed in Boston with the deliberate consent of the defendant. As appears from the enclosed there was a deliberate jury verdict on questions of fact, the award of $850 for the adult, and $350 for the infant is regarded as moderate and less than they might justly have received, and there were questions of fact and ample evidence on which the jury verdict became unassailable. "You will note that the Government's interest is not directly involved and we merely represented the defendant at the request of your Department by reason of the fact that he had been a civil employee of your Department. We are informed that the defendant is judgmentproof and not concerned about the judgment, but that either of his own accord or at the instigation of the plaintiffs he may apply to Congress for a private bill for relief in the premises, which is something not requiring action by this office. "We are informed by the United States attorney that he is accordingly closing his file in this case and in the absence of any contrary suggestion from you we are doing likewise. "Respectfully. "JOHN F. SONNETT, "Assistant Attorney General. "(For the Attorney General)." In September 1947, there came to the attention of the Department of the Navy certain letters from the claimants' attorney, forwarded to the claimants' representative in Congress, raising the question of satisfaction by the United States Government of the judgment obtained by the claimants against Francis Regan. In these letters, the attorney for the claimants stated that he held executions of the Commonwealth of Massachusetts in the amount of $862.04, plus costs of $22.80, in favor of Mrs. Mary Capodanno, and in the amount of $354.93, including no costs, in favor of Vincent Capodanno, a minor, by his mother and next friend. Mary Capodanno. The Department of the Navy advised the claimants' representative in Congress that no authority existed for the satisfaction of these executions from appropriated funds, in view of the fact that the judgment had not been and could not have been obtained directly against the United States Government. Subsequent to this exchange of correspondence, the subject bill, H. R. 4974, was introduced in the Eightieth Congress. The attention of the Congress is respectfully invited to the fact that the bill H. R. 4974 would provide relief in the total amount of $4,000, the entire aggregate amount of the claims originally asserted by Mrs. Mary Capodanno and on behalf of Vincent Capodanno, whereas the aggregate amount of the judgments obtained by those claimants against Francis Regan was $1,200. It is noted that the claimants' attorney states that he has executions in the total amount of $1,239.77. which amount includes an assessment of court costs, plus a uniform percentage of each of the original jury verdicts probably representing accrued interest. The file of the Department of the Navy contains neither copies of these executions nor any other verification of the amounts of the executions as set forth by the claimants' attorney Although the information available in the file of the Department of the Navy ails to reveal the existence of negligence on the part of the Navy driver, it is apparent from the results of the civil suit filed by the claimants that sufficient evidence was adduced at the trial to uphold a jury verdict in their favor. The Department of the Navy is therefore of the opinion that Mrs. Mary Capodanno and the legal guardian of Vincent Capodanno are entitled to reimbursement in the respective amounts of the executions issued in their favor as a result of their civil suit in Massachusetts. In view of the fact that the judgment of the court was rendered against the driver of the Navy vehicle, however, it is considered that the bill should be amended to provide that the amount appropriated therein shall be in full settlement of all claims against the Navy driver, as well as against the United States, by inserting the words "and against Francis M. Regan, an employee of the United States," after the words "United States" in line 9 on page 1 of the bill. In view of the foregoing, the Department of the Navy is not opposed to the enactment of the bill H. R. 4974 for the relief of Mrs. Mary Capodanno and for the relief of the legal guardian of Vincent Capodanno in the respective amounts of the executions issued in their favor by the Commonwealth of Massachusetts, provided the bill be amended as suggested in the preceding paragraph to make the amount appropriated a full settlement of all claims against the Navy driver as well as against the United States Government. The Department of the Navy has been advised by the Bureau of the Budget that there is no objection to the submission of this report to the Congress. For the Secretary of the Navy. Respectfully yours, G. L. RUSSELL, SUPERIOR COURT. No. 399884 COMMONWEALTH OF MASSACHUSETTS, Suffolk, 88: Mary Cappodano, an Adult and Vincent Cappodano, a Minor, Who Brings This Action by His Mother and Next Friend. Mary Cappodano, v. Frances Reagan. Evelyn De Nunzio and John Salipante I hereby certify that the above-entitled action was made returnable to and entered in this court on the first Monday of September A. D. 1945. by writ bearing date the 31st day of July n said year. That said action was continued from time to time unto the 14th day of November 1946, when on said day the plaintiffs discontinued the action against said De Nunzio. On the day and year last aforesaid, the plaintiffs also discontinued the action against the defendant Salipante. Afterward, to wit: On the 20th day of January 1947, a verdict was rendered for the plaintiff, Mary Cappodano, on count No. 1, in the sum of $850. On the day and year last aforesaid, a verdict was also rendered for the plaintiff, Vincent Cappodano, p. p. a., on count No. 2, in the sum of $350. Subsequently, on the 15th day of March 1947, the plaintiffs filed their motion for judgment; which said motion was allowed by the court on the 21st day of March in said year (costs to be awarded to the plaintiff Mary Cappodano). I further certify that on the 14th day of April A. D. 1947, judgment was entered for the plaintiff Vincent Cappodano, p. p. a. v. Frances Reagan, in the sum of $354.93 damages, without costs. Execution issued April 17, 1947. Witness my hand and the seal of said Superior Court, at Boston, in said county and commonwealth, this 7th day of July A. D. 1949. [SEAL] THOMAS DORgan, Clerk. SUPERIOR COURT. No. 399884 COMMONWEALTH OF MASSACHUSETTS, Suffolk, ss: Mary Cappodano, an Adult, and Vincent Cappodano, a Minor, Who Brings This Action by His Mother and Next Friend. Mary Cappodano v. Frances Reagan, Evelyn De Nunzio and John Salipante I hereby certify that the above-entitled action was made returnable to and entered in this court on the first Monday of September A. D. 1945, by writ bearing date the 31st day of July in said year. That said action was continued from time to time unto the 14th day of November 1946, when on said day the plaintiffs discontinued the action against said De Nunzio. On the day and year last aforesaid, the plaintiffs also discontinued the action against the defendant Salipante. Afterward, to wit on the 20th day of January 1947, a verdict was rendered for the plaintiff, Mary Cappodano, on count No. 1, in the sum of $850. On the day and year last aforesaid, a verdict was also rendered for the plaintiff, Vincent Cappodano, p.p.a., on count No. 2, in the sum of $350. Subsequently, on the 15th day of March 1947, the plaintiffs filed their motion for judgment; which said motion was allowed by the court on the 21st day of March in said year (costs to be awarded to the plaintiff Mary Cappodano). I further certify that on the 14th day of April A. D. 1947. judgment was entered for the plaintiff, Mary Cappodano v. Frances Reagan, in the sum of $862.04 damages, and costs of suit taxed at $22.80. Execution issued April 17, 1947. Witness my hand and the seal of said Superior Court, at Boston, in said county and commonwealth, this 7th day of July A. D. 1949. GLUCKIN CORP. AUGUST 3, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. KEATING, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 3498) The Committee on the Judiciary, to whom was referred the bill (H. R. 3498) for the relief of Gluckin Corp., having considered the same, report favorably thereon with amendments and recommend that the bill do pass. The amendments are as follows: Page 1, line 5, strike out "$26,256.52", and insert in lieu thereof "$11,540.90". Page 2, line 10, after the figures "$448.30", strike out: ; (c) $12,465.62 for net loss on units manufactured by claimant; and (d) $2,250 for net loss on fifty thousand units subcontracted by claimant to others at higher price The purpose of the proposed legislation, as amended, is to pay the Gluckin Corp. the sum of $11,540.90, in full settlement of all claims against the United States, growing out of Government contracts numbered W-669-qm-20513, W-669-qm-23175, and W-669-qm20380, as amended and modified, for the furnishing of mattress covers and sand-fly bars. STATEMENT OF FACTS With the exception of one item of $303.16, for a small overrun of sand-fly bars which were delivered to and retained by the Government, all the items in the bill, as amended, are for reimbursement of liquidated damages deducted and retained by the Government. The bill was introduced for a much larger amount and called for payment of items which your committee felt should not be allowed. The report of the Secretary of the Army, which is appended hereto, voices opposition to virtually all the items in the original bill. All such objectionable items have been stricken from the bill, with the exception of those for liquidated damages. |