Affiants state that no one was in the truck with them and that no one witnessed the wreck so far as they know, except the occupants of the two vehicles; that at that particular time there was no one immediately going or coming or passed them who had an opportunity to witness the accident. M. C. LEWIS Sworn to and subscribed before me on this the 24th day of April 1946. (SEAL] My commission expires April 10, 1948. DURA LEWIS, Notary Public. This is to certify that on August 15, 1944, Mr. M. C. Lewis and wife were examined and treated in my office at Clarksburg, Tenn., for injuries received in wreck on highway which runs from Nashville to Murfreesburo, Tenn. Mr. Lewis received a small laceration on the side of his face on the maxilla below the temple. He was no doubt injured and several weeks were required to recover. Mrs. Lewis sustained contused wounds of hips and legs, also she sustained injury to back in lumbar region of spine, which has caused a traumatic arthritis, in all probability she still complains of pains in the back which may continue indefinitely. R. B. WILSON, M. D. Subscribed and sworn to before me this the 27th day of March 1946. [SEAL] 80TH CONGRESS 2d Session SENATE {No. 1555 REPORT WALTER VANDAHL AND ESTHER S. VANDAHL, ALLABRADA ADAMS, MRS. LUCILE L. RICE TALBOT, MRS. GLADYS WEBB, AND JOHN E. WEBB JUNE 8 (legislative day, JUNE 1), 1948.-Ordered to be printed Mr. WILEY, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 2916] The Committee on the Judiciary, to whom was referred the bill (H. R. 2916), for the relief of Walter Vandahl and Esther S. Vandahl, Allabrada Adams, Mrs. Lucile L. Rice Talbot, Mrs. Gladys Webb, and John E. Webb, having considered the same, do now report the bill to the Senate favorably, without amendment, and recommend that the bill do pass. The purpose of the proposed legislation is to pay the sum of $6,000 to Walter Vandahl and Esther S. Vandahl; to pay the sum of $1,500 to Allabrada Adams; to pay the sum of $3,000 to Lucile L. Rice Talbot; to pay the sum of $5,000 to Mrs. Gladys Webb; and to pay the sum of $1,166 to John E. Webb, in full settlement of all their claims against the United States for damages sustained as a result of an accident involving a United States Army vehicle, at the entrance of the Fort Riley Military Reservation, Fort Riley, Kans., on November 30, 1944. STATEMENT Attached hereto and made a part of this report are extracts from the House report which set forth in detail the facts in this case. On November 30, 1944, at about 7:30 a. m., an Army wrecker truck with a skeletonized tank in tow, operated by an enlisted man on official business, was leaving the military reservation at Fort Riley, Kans., by the east gate leading onto United States Highway No. 40. The two vehicles had been so connected that there would be no lost motion between them but a little more than a mile from the said east gate a clevis pin was lost from the connecting apparatus, without the knowledge of the driver, which permitted the towed vehicle to swing from side to side. Immediately after the Army vehicles had passed through the cast gate the tank swung to the left and struck a 1941 Buick sedan owned by John E. Webb and operated by his wife, Mrs. Gladys Webb. who was en route to her place of employment as a dental hygienist at the Fort Riley Dental Clinic. Mrs. Webb was accompanied by Miss Delores Vandahl, Miss Lucile L. Rice (now Mrs. Lucile Rice Talbot), and Miss Allabrada Adams, who also were employed on the post. Mr. Webb's automobile was extensively damaged; Mrs. Webb, Miss Adams, and Miss Rice sustained personal injuries, and Miss Delores Vandahl sustained injuries from which she died almost instantly. The Secretary of the Army in his report dated March 26, 1948 states: “The evidence clearly establishes that this accident and the resulting property damages, personal injuries, and death were not caused by any fault or negligence on the part of the driver of the Webb automobile or of the passengers riding therein but were caused by the negligence of responsible military personnel in failing to make certain that the tank was coupled to the Army tow truck in such a manner that it could not get partly detached and become a hazard to traffic on the highways. The Department of the Army, therefore, believes that these claimants should be compensated in reasonable amounts for the damages sustained by them as a result of this accident. All of the proposed awards stated in H. R. 2916 appear to be somewhat excessive except the one for Mrs. Gladys Webb, but the Department would have no objection to the enactment of the bill if it should be amended to provide for the awards hereinafter recommended, which, it is believed, would constitute fair and reasonable settlements of these claims. "AWARDS RECOMMENDED "To Walter Vandahl and Mrs. Esther S. Vandahl, for the death of their daughter, Delores Vandahl, and the expenses incurred in connection with her burial, $6,000. "To Allabrada Adams, for property damage, personal injuries, medical and hospital expenses, and loss of earnings, $1,500. "To Lucile Rice Talbot, for property damage, personal injuries, and loss of earnings, $3,000. "To Mrs. Gladys Webb, for property damage, personal injuries, medical and hospital expenses, and loss of earnings, $5,000. "To John E. Webb, for damage to his automobile, $1,166." The Secretary of the Army has made a thorough investigation of this accident and damages sustained. All evidence was submitted to the Department and the injuries are all set out in its report. Your committee having given careful study to the bill concur with the recommendation of the Secretary of the Army and recommend favorable consideration to the bill as amended. Hon. EARL C. MICHENER, Chairman, Committee on the Judiciary, DEPARTMENT OF THE ARMY, Washington, D. C., March 26, 1948. House of Representatives. DEAR MR. MICHENER: The Department of the Army would have no objection to the enactment of H. R. 2916, Eightieth Congress, a bill for the relief of Walter Vandahl and Esther S. Vandahl, Allabrada Adams, Lucile L. Rice (Talbot), Mrs. Gladys Webb, and James (John) E. Webb, 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 Walter Vandahl and Esther S. Vandahl, of Randolph, Kans.; to pay the sum of $3,000 to Allabrada Adams, of Manhattan, Kans.; to pay the sum of $6,000 to Lucile L. Rice, of Alma, Kans.; to pay the sum of $5,000 to Mrs. Gladys Webb, of La Mesa, Calif.; and to pay the sum of $1,491 to James E. Webb, of San Diego, Calif., in full settlement of all claims against the United States for the death of Delores Vandahl, and for personal injuries and medical and hospital expenses for Allabrada Adams, Lucile L. Rice, Mrs. Gladys Webb, and for the damage to automobile belonging to James E. Webb, sustained as the result of an accident involving a United States Army vehicle at the east gate entrance of Fort Riley Military Reservation, Fort Riley, Kans., on November 30, 1944". On November 30, 1944, at about 7:30 a. m., an Army wrecker truck with a skeletonized tank in tow, operated by an enlisted man on official business, was leaving the military reservation at Fort Riley, Kans., by the east gate leading onto United States Highway No. 40. The two vehicles had been so connected that there would be no lost motion between them, but a little more than a mile from the said east gate a clevis pin was lost from the connecting apparatus, without the knowledge of the driver, which permitted the towed vehicle to swing from side to side. Immediately after the Army vehicles had passed through the east gate the tank swung to the left and struck a 1941 Buick sedan owned by John. E. Webb (not James E. Webb as stated in H. R. 2916) and operated by his wife, Mrs. Gladys Webb, who was en route to her place of employment as a dental hygienist at the Fort Riley Dental Clinic. Mrs. Webb was accompanied by Miss Delores Vandahl, Miss Lucile L. Rice (now Mrs. Lucile Rice Talbot), and Miss Allabrada Adams, who also were employed on the post. Mr. Webb's automobile was extensively damaged; Mrs. Webb, Miss Adams, and Miss Rice sustained personal injuries, and Miss Delores Vandahi sustained injuries from which she died almost instantly. Delores Vandahl was 21 years of age at the time of her death, was unmarried and had no dependents. She was employed by the post quartermaster, Fort Riley, Kans., as a clerk, at a salary of $1,620 per annum. She left surviving her father and mother, Walter Vandahl and Mrs. Esther S. Vandahi, both 52 years of age. Mr. Vandahi is a farmer and has an income of approximately $1,800 per annum. Mrs. Vandahl is a housewife. The Department of the Army has not been informed as to the amount of the expenses incurred in connection with the burial of Miss Vandabl Allabrada Adams was 36 years of age at the time of this accident, was unmarried, and had no dependents. She was employed by the post quartermaster, Fort Riley, as a clerk at a salary of $1,500 per annum. The Department of the Army has no information as to the nature of the injuries sustained by Miss Adams or as to any medical and hospital treatment rendered to her immediately after the accident. It appears, however, that she received emergency treatment at the regional hospital Fort Riley. On November 4, 1947, she was examined by an Army medical offer at Fort Riley, and a report of such examination reads in pertinent part as follows: "She Miss Alabrada Adams was taken to the regional hospital and kept bere for several hours, treated by the EENT Department and released. Die was treated as an out-patient, in the EENT Department, several times and 19 days following the accident she returned to work. She then began experiencing episodes of faintness and dizziness and went to see a civilian doctor in Manhattan, Kans. She was treated for an apparent anemia by this doctor and took a month off work She felt much better after this period of rest. During this time, patient developed an infection in her nose and was treated in the hospital in Manhattan for 1 week and then brought to the hospital for another week's duration during which time she was treated with penisin for the Lose infection. "SURGICAL EXAMINATION The extremities, both upper and lower, show no evidence of any pathology whatsoever. There is portál range of motion in all jillts. The anomen is fat, shows no stars, and no signs of tenderness or rizidity are elicited by palpation. Bowel sounds are normal to ansculation. Liver, kidney, and sp are pot ra.pate Spipe: There is a moderate smilonis of the unn • spine with eccavity to the left. This is asymptomatic and has been proven during the patient's entire fe. There is no limitation of motion of the spinal Faber and LaSe que signs are negative in the lower extremes. Ízere is no evidence of berna "MEDICAL EXAMINATION for 5 years 447 tha "As a child patient had chickenpox mimps, and measles. She riffired an attack of pertusis which was followed b a nerod of palpitations and nervousness. She has to busory of reumale fever has had frequent sore throats. No chores. No spontaneous dose bleeds. No diphthers At the are of adolossense, age 11 through 15, she was said to have had thyroid to le, manifested by perTonspese, ineomnia, and antrena She was treated for t and apparently spontaneously recovered Herat BMR Soe had scanes fever at are 17 and apparently & Be She claims ber endurance is poor and that she has Gyeptes on marked exertion bus not on midexemice. At do time has she had tre cariae edema, although her ankles are said to have been swolen dong hot weather. She has no cribopoea, parormal drepa Dring her early childhood she suffered from a sensation of pressure over the anterior chest and this was attra vated to some exsens about 6 months after her accidens. This feeling was bebo or remai segnelse. |