CARL C. BALLARD

AUGUST 8, 1949.-Committed to the Committee of the Whole House and ordered to be printed

Mr. LANE, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H. R. 3863]

The Committee on the Judiciary, to whom was referred the bill (H. R. 3863) for the relief of Carl C. Ballard, having considered the same, report favorably thereon with amendment and recommend that the bill do pass.

The amendment is as follows:

Page 1, line 6, strike out "$25,000", and insert in lieu thereof "$15,000".

The purpose of the proposed legislation is to pay $15,000 to Carl C. Ballard, of Hugo, Okla., in full settlement of all claims against the United States on account of total and permanent disability arising from injuries to his right ankle and leg, and to his back and neck, incurred on January 27, 1944, when the automobile which he was operating was struck by an Army ambulance on United States Highway 171 three miles north of Leesville, La.

STATEMENT OF FACTS

It is the view of the Department of the Army that Carl C. Ballard should be compensated in a reasonable amount for the damages sustained by him as a result of this accident. The proposed award of $25,000 stated in H. R. 3863 appears to be somewhat excessive. Considering the nature of the injuries sustained by the claimant, which have resulted in a considerable degree of permanent disability, the age of the claimant at the time of this accident, the earnings lost by him on account of his injury, the medical expenses incurred by him, and the number of persons dependent upon him for support, it is believed that an award of $7,562 ($562 for medical expenses actually incurred; and $7,000 for personal injuries) would constitute a fair and reasonable settlement for all of the damages sustained by the

claimant as a result of this accident. The Department, therefore, would have no objection to the enactment of this bill if it should be amended to provide for an award to the claimant in an amount not exceeding $7,562.

In view of Mr. Ballard's serious and permanent injuries arising from this accident, your committee is of the opinion that the sum of $7,562 (as recommended by the Department of the Army) is inadequate to compensate him for his serious injuries. Dr. O. È. Welborn. of Ada, Okla., in an affidavit dated July 2, 1949, states:

It is my opinion that this man received severe injury of the muscles and bones, too, in this collision, and there is still evidence of soreness in his chest and in the area where he stated his ribs were broken and the effects of the old fracture of his right leg and ankle, and he will have considerable permanent disability. His right leg and foot stands a good chance to continue to be stiff and with the shortness which it has and with the fracture, will continue to be a serious handicap in getting around. It is impossible to now estimate the full length of time during which he will suffer from the injury to his chest and the area of the injury to his spine. Due to the stiffness in his right leg and the fact that it is about one inch shorter than the left, it is my opinion that he has a permanent disability in this leg of 75 percent (for manual labor). The disability to his left arm at this time I am unable to account for. He could have received some injury to the centra nervous system in the scramble of this kind.

Considering the injuries listed by the Department of the Army and the affidavit of Dr. Welborn. it is the opinion of your committee that the sum of $7,562 is not a sufficient sum to compensate Mr. Ballard for his total and permnent disabilities. Therefore, your committee recommends the sum of $15,000 be appropriated for his relief.

Hon. EMANUEL CELL

Chairman, Committee on the Judiciary,

House of Representatives.

JUNE 16, 1943.

DEAR MR. CELLER: The Department of the Army would have no objection to the enactment of H. R. 3863, Eighty-first Congress, a bill for the relief of Carl C. Ballard, 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, to Carl C. Ballard, Hugo, Oklahoma, the sum of $25,000 * * * in full settlement of all claims of the said Carl C. Ballard against the United States on account of total and permanent disability arising from injuries to his right ankle and leg, and to his back and neck, incurred on January 27, 1944, when the automobile which he was operating was struck by an Army ambulance on United States Highway 171 three miles north of Leesville, Louisiana."

On January 27, 1944, at about 10 a. m., an Army ambulance, operated by an enlisted man on official business, was proceeding in a northerly direction on United States Highway No. 171, near Hawthorne, La., and about 3 miles north of Leesville, La., at a speed of approximately 35 miles an hour. It was raining and the road was in a very slippery condition from mud which had fallen from vehicular traffic. At the same time an Army truck was traveling in a southerly direction on said highway at a speed of about 30 miles an hour, and it was fol lowed by an automobile owned by Edward T. Wilber, of Leesville, La., and operated by Carl C. Ballard, in which Sam Harlow, of De Ridder, La., was riding as a passenger. The Army truck was traveling partly to the left of the center of the road as it neared the oncoming Army ambulance, and as a result the driver of the ambulance was required to swerve his vehicle to the right and partly onto the shoulder of the road in order to avoid being struck by the truck. Mr. Ballard was driving the Wilber car on his proper side of the road. After passing the truck the driver of the ambulance turned his vehicle to the left in order to get it completely on the pavement and as he attempted to execute this movement he lost control of the ambulance and it skidded across the road and struck the automobile operated by Mr, Ballard. As a result of the collision the Wilber automobile was extensively damaged and Mr. Ballard was severely injured. Mr. Ballard was taken from the scene of the accident to the station hospital at Camp Polk, La.. where he remained under treatment until July 15, 1944.

The following report concerning Mr. Carl C. Ballard was taken from the records of the station hospital, Camp Polk, La.:

"1. Abstract of clinical record in the case of Carl C. Ballard, civilian, hospitelized this station under Register No. 62025, from January 27 to July 15, 1944. "2. History of present illness: Patient admitted this hospital with history of fracture, compound, complete, comminuted, tibia, right distal one-third; posterior malleolus; fracture compound, complete, comminuted, right fibula distal one-third, incurred January 27, 1944, at Hawthorne, La. when patient was driving his car on way to work and an Army ambulance ran into him.

"3. Chief complaint on admission: Pain and wound from compound fracture to right leg. Pain in back and chest. Bruises and soreness in left leg.

"4. Physical examination essentially negative, except for tenderness over entire dorsal and lumbar spine and sacroiliac joints, bilateral. There is acute tenderness and swelling over the distal one-third of right leg.

"7. X-ray reports essentially negative, except for January 27, 1944: Comminuted fracture of distal end of right tibia and fibula. Jan 28, 1944: Comparison of left ankle reveals that mortice of right ankle is minimally widened and there is an inversion of the articular plane.

"9. Final diagnosis: Fracture compound, complete, comminutea, multiple, distal third tibia and fibula and posterior malleolus, right, accidentally incurred January 27, 1944, near Leesville, when civilian automobile which he was driving was struck by an Army ambulance. January 27, 1944: Fracture, closed treatment of, by application of plaster of paris boot cast. January 31, 1944: Fracture, open treatment of, by manipulation and internal fixation with Pierce plate and reapplication of plaster of paris boot cast. March 3, 1944: Fracture, open treatment of, by removal of internal fixation and application of plaster of paris boot cast. March 15, 1944: Fracture, closed treatment of, by manipulation and reapplication of plaster of paris boot cast.

"Partial permanent disability will result.

"New syphilis, early latent, manifested by positive blood, spinal fluid not examined.

"18 August 1944:

When

"It is my impression that a mild partial permanent disability will result. the osteoporosis has subsided and motion in the ankle is normal, he will be able to do the work he was doing before the accident. It is also possible for the syphilis which he had before the accident to have caused some delay in the union and recovery from the accident.'

Dr. O. E. Welborn, 106 American Building, Ada, Okla., after his examination of Mr. Ballard on November 2, 1944, submitted the following report:

"Complaint: Pain in back and neck lumbar and dorsal region of the back and left arm. He states his arm aches and pains him very much, and that he is unable to grip anything with his left hand, also that he is losing use of his arm. He also complains of pain in his right ankle and right leg, and that his ankle is stiff and hurts him very much when he stands on it for any length of time. Mr. Ballard states that in his past living, he enjoyed good health until last January 27, at which time he was run into by an Army station ambulance, severely crippling him and at which time he received a broken right leg just above the ankle. Since that time he has been unable to do any work of any kind.

"Physical examination: Middle-aged man fairly well-nourished; weight, 145 pounds; 5 feet 7; walks with aid of a cane and has a severe limp in his right leg. Blood pressure 115 over 60, tonsils and teeth negative, heart and lungs negative. He has a definite soreness on pressure to the spine from the ninth dorsal to the second lumbar-also soreness and pain on percussion over the right side of chest midaxillary line from the seventh rib to the costal margin.

"His right leg measures about 1 inch shorter than the left and just above the right ankle he has three scars about 5 inches long extending from ankle up his leg, where he had been operated on for reducing fracture of his right leg. Anterior scar was adhered to the bone and bluish in color, showing very poor circulation in this area. In his right ankle he has about 10 percent motion anterior posterior with no observable motion lateral or rotating, and this ankle is considerably larger than the other.

"Reflexes: There was no observable inequality of reflexes, however, all his reflexes were exaggerated, due to his extreme nervousness.

"X-ray of his right ankle and leg shows an old fracture of the tibia and fibula about 2 inches above the ankle with fracture of the tibia extending into the

ankle joint. Tibia had been reduced by means of a plate which had been removed. Tibia pulled out of line about one-quarter inch at the fracture.

"X-ray of the dorsal and lumbar spine was not significant, other than some calcium deposit in the lower lumbar vertebra.

"Conclusion: It is my opinion that this man received severe injury of the muscles and bones, too, in this collision, and there is still evidence of soreness in his chest and in the area where he stated his ribs were broken and the effects of the old fracture of his right leg and ankle, and he will have considerable permanent disability. His right leg and foot stands a good chance of continue to be stiff and with the shortness which it has and with the fracture, will continue to be a serious handicap in getting around.

"It is my opinion that since the date of the injury sustained by this man, he has been totally disabled from performing any work involving manual labor. "It is impossible to now estimate the full length of time during which he will suffer from the injury to his chest and the area of the injury of his spine.

"Due to the stiffness in his right leg and the fact that it is about 1 inch shorter than the left, it is my opinion that he has a permanent disability in his leg of 75 percent (for manual labor).

"The disability to his left arm at this time, I am unable to account for. He could have received some injury to the central nervous system in the scramble of this kind."

On January 19, 1945, after an examination of Mr. Ballard at the regional hospital, Camp Maxey, Tex., Maj. S. H. Nickerson, Medical Corps, United States Army, chief of the orthopedic section of said hospital, submitted the following report:

"ORTHOPEDIC EXAMINATION

"Examination of back: It is interesting to note that while he is talking to me in my office, he is able to show me his ankle by flexing his hip and placing his leg on the ledge of my desk while sitting in a chair 18 inches from the floor. This would indicate that the degree of pliability of his back and hips is excellent. This requires considerable external rotation and flexion of the right hip. There is no spasm of the erector spinae muscles. Lateral flexion to the left and right is unrestricted. The range of motion in flexion and extension is normal. No area of tenderness can be elicited on direct digital pressure over the spinal column. Straight leg raising elicits no pain. The Gaenslen, Murphy, and Pitkin maneuvers elicited no pain. He complains of some point tenderness over the lumbar region, but this varies so greatly on each examination that I believe it bears no significance and should be interpreted as negative. Measurements reveal the following: "Right.-A. S. S., 34 inches; R. C., 124 inches; R. T., 17% inches. "Left.-A. S. S., 34 inches; L. C., 13 inches; L. L., 19% inches.

"The above indicates a rather pronounced muscular atrophy of the entire right lower extremity. There is no shortening.

"Examination of right leg and ankle: Three scars are present over the lower leg just above the instep. One scar over the anteromedial aspect and approximately 31⁄2 inches in length overlies the tibia. It is well healed but adherent to the underlying bone in its middle 1 inch. A second scar, approximately 24 inch in length, extends from above the fibular malleolus upward. This scar is healthy and nonadherent. A third scar, approximately 4 inches in length, is present just lateral to the tendo-Achilles. This scar is also healthy and nonadherent. The general alinement of the leg is good. Motions in the ankle joint:

Right.-Passive dorsi flexion to 85°; passive plantar flexion to 110°; active dorsi flexion to 90°; active plantar flexion to 110°. Left.-Passive dorsi flexion to 80°: Passive plantar flexion to 120°; active dorsi flexion to 80°; active plantar flexion to 120°.

"Flexion and extension of the toes are good. Lateral motion through the subastragalar joint on the right is restricted to 50 percent of normal. Motion through the mediotarsal joints is normal.

"The above findings can be interpreted as indicating a moderate restriction of motion in the ankle and subastragalar joints of the right foot. The actual range of restriction is as indicated by the degrees mentioned above.

"Neurological examination: Normal reflexes are present and active, bilaterally. No pathological reflexes are present. There are no disturbances in sensation. The plantar response is in flexion, bilaterally. No trophic or vasomotor changes

are seen

"X-ray examination: X-rays were taken of the cervical, dorsal, and lumbar spine. These were studied and found to be negative for any bone or joint pathology. X-rays of the ankle joint reveal evidence of surgical intervention.