"In addition to the above medical expenses I incurred the following expenses while at the station hospital and for my return home, the Army authorities neither spent nor advanced any money in my behalf: Three telephone calls from Army to New York by Mrs. Hearn.. Gratuities at Army hospital Board and lodging for Mrs. Hearn at Randolph Hall, Fortress Monroe. car.. Extra charge on boat for bed since I could not use berth .. Attendant on boat.. Gratuities on boat.. Loss of gasoline account of steamboat authorities drained gas from my $5.50 3.00 4. 60 36. 00 6. 00 5.00 2.00 1. 40 63. 50 241. 50 689.00 994. 00'' It appears that Mr. Hearn has one dependent, his wife, Dorothy Hearn, who is 47 years of age. No formal claim has been filed with the War Department by Mr. Hearn growing out of this accident. It is the view of the War Department that the proximate cause of the accident and the resulting injury to Mr. Hearn was the negligence of the driver of the Army truck involved in the collision in that he rounded the curve at an excessive speed and for that reason was unable to maintain control of the truck and prevent it from crossing the road and striking the parked reconnaissance car, which was then driven by the force of the impact against Mr. Hearn. The lack of experience of the Army driver in handling such vehicles is believed to have been a factor contributing to the accident. Mr. Hearn was in no way negligent. It is, therefore, believed that Mr. Hearn should be reasonably compensated for the injury sustained by him and the expenses incident thereto. The amount of the proposed award, $5,000, is somewhat excessive. in view of the fact that Mr. Hearn does not appear to have sustained a large degree of permanent disability (estimated at 10 percent by the Army medical officer who examined him). The Department, however, would not oppose the enactment of the bill, if it should be so amended as to provide for an award of $2,500 to Mr. Hearn. The fiscal effect of the bill is manifest. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, AFFIDAVIT HENRY L. STIMSON, STATE OF NEw York, County of Bronx, ss: Harry V. Hearn, being duly sworn, deposes and says: I reside at 217 East One Hundred and Seventy-sixth Street, Borough of Bronx, city and State of New York, and make this affidavit as a claim against the United States by reason of personal injuries sustained by me on the 5th day of June 1940, on Route U S 17, near Yorktown, Va The circumstances of the accident in which I received said injuries and upon which I base my claim against the United States are as follows: At the time in question I was walking southerly on Route US 17 on the side of the road and on the gravel portion thereof The highway was paved with two lanes of concrete, a white dividing line in the center. A convoy of United States Army cars passed south, and I stopped. While so standing, I noticed another United States Army car coming toward me sidewise. I leaped to avoid the car and landed on a barbed-wire fence. This car then col lided with another car and rolled forward and onto my right foot. I was then lying on the ground. This car which struck me was one of a convoy going north. 1 I am submitting herewith a photograph taken at the time, which shows the two cars involved in this accident. I was taken to the station hospital, Fort Monroe, Va., where I was examined by Dr. Pipia, first lieutenant, Medical Corps, who reported as follows: "Examination and X-ray revealed patient had a fracture, simple, complete, comminuted of right tibia and fibula at junction of lower quarter with upper third quarter. No displacement. Plaster cast was applied June 5, 1940, and X-rays after application of cast show all fragments in excellent position." I remained in the hospital about 27 hours and then proceeded to New York. Although I had this broken leg, the colonel in charge refused to loan me crutches, stating that I could hobble to a car. After arriving at the steamer, I collapsed. I arrived in New York on the 7th, and went home by private ambulance. Mrs. Hearn was with me at the time of the accident but she was about 100 to 150 feet away and did not see the occurrence. No other witnesses were present except the Army men who were in the convoys. In connection with my injuries, I have incurred the following expenses: Ambulance from pier to home.. For doctor's service rendered. Dr. Peter Cyrus Rizzo for care of fracture of right tibia and fibula consisting of cast, home visits, and office treatment: $10. 00 175.00 Walking cane. 5. 00 Miscellaneous drug sundries (witch hazel, dusting powder, rubbing 10. 00 241.50 In addition to the above medical expenses I incurred the following expenses while at the Station Hospital and for my return home, the Army authorities neither spent nor advanced any money in my behalf. 3 telephone calls from Army to New York by Mrs. Hearn......... Board and lodging for Mrs. Hearn at Randolph Hall, Fortress Monroe. car.. Extra charge on boat for bed since I could not use berth_. Attendant on boat.. Gratuities on boat. Loss of gasoline account of steamboat authorities drained gas from my car $5.50 3. 00 4. 60 36.00 6. 00 5. 00 2.00 1. 40 Total Total medical expenses.. Grand total of expense.. 63.50 241.50 305.00 At Although I have no perceptible limitation of motion of my leg, I nevertheless suffer at various times from pain in the said leg and from weakness therein. various times since the said accident I have had trouble with my back, and recently was examined by a physician who had X-rays taken, and as a result I am informed that the said condition is due to an osteoarthritis, and that such a condition may be due to an injury, and the only accident I have had prior to said attacks is the one which I have here set forth. Inasmuch as the said accident was caused solely as a result of the negligence in the operation of one or both of the said Army motorcars and I was absolutely 1 Not printed. free from contributory negligence, I respectfully ask that Congress make an appropriation of such sum as it believes will reasonably compensate me for my injuries, loss of services, etc., and I respectfully ask that the sum of $5,000 be so appropriated, and I ask that a bill be enacted accordingly. I am submitting as a part of this affidavit a copy of the clinical report of Lieutenant Pipia, dated June 6, 1940, and will furnish such other evidence as the committee to whom this may be referred may deem necessary, Sworn to before me this 27th day of September 1943. [SEAL] Commission expires March 30, 1944. HARRY V. HEARN. JOSEPH SHARCOFF, Notary Public, Bronx County. STATION HOSPITAL, OFFICE OF THE SURGEON, Clinical summary in the case of Mr. Harry V. Hearn: Mr. Hearn was admitted to station hospital, Fort Monroe, Va., per litter on June 5, 1940, about 12 noon. Two Army trucks collided, one of them sideswiping off the road and pinning Mr. Hearn's right leg under front wheel. He was given first-aid treatment by naval surgeon in vicinity of accident and transferred to this hospital. Examination and X-ray revealed patient had a fracture, simple, complete, comminuted of right tibia and fibula at junction of lower quarter with upper three-quarters. No displacement. Plaster cast was applied June 5, 1940. and X-rays after application of cast show all fragments in excellent position The patient is being transferred to his home and advised to place himself under physician's care for further treatment and observation. FRANK P. PIPIA, First Lieutenant, Medical Corps, Assistant. AFFIDAVIT STATE OF NEW YORK, County of Bronx, 88: Harry V. Hearn, being duly sworn, deposes and says: I reside at 217 East One Hundred and Seventy-sixth Street, Borough of Bronx, city and State of New York, and make this affidavit to support other evidence offered by me to substantiate my claim against the United States for damages and loss sustained by me by reason of an accident to me on the 5th day of June 1940, and as contained in H. R. 3369. Seventy-eighth Congress. first session, House of Representatives, Congress of the United States. The circumstances of this additional information are as follows: In the year 1939. in order to augment my income and to acquire a skill which would be a source of income were I to lose my regular employment, I began by home study, reading from magazines, etc., the study of photography. I showed aptitude for this work and laid plans to purchase in 1940 a small private house wherein I could have a studio and darkroom. I also planned to attend a night school in the fall of 1940 for training in all photographic work. Inasmuch as the accident occurred on June 5, 1940, it was the sole and only cause of me postponing these plans. Due to the injuries sustained by me in the accident, I was physically unable to continue the work and also due to my having to pay for all of the expenses arising from the accident by withdrawals from my savings, I was left with no savings. A private house of the type needed by me at that time, and which would have been within my ability to pay, sold for around $5,000. Two or three years ago the cost of this type of house began to increase and today it is entirely out of my financial ability to pay for one, and without adequate compensation from the United States Government for losses sustained by me from the aforesaid accident, I shall have to completely abandon these plans at a great loss to the welfare of my family, a loss which is directly caused by the accident. Sworn to before me this 30th day of June 1944. (SEAL] Commission expires March 30, 1946. HARRY V. HEARN. JOSEPH SHARCOFF, Notary Public, Bronx County. AFFIDAVIT STATE OF NEW JERSEY, Bergen County, ss; Randolph P. Bell, being duly sworn, deposes and says: I reside at 668 Martense Avenue, township of Teaneck, Bergen County, State of New Jersey, and make this affidavit to state that I am a personal friend since 1938 of Mr. and Mrs. Harry V. Hearn, of 217 East One Hundred and Seventy-sixth Street. Borough of Bronx, city and State of New York, and have been a frequent visitor in their home. I knew of Harry V. Hearn's interest in the general subject of photography, and I discussed with him. in the early part of 1940 and also prior to this, his plans to attend a school for formal training in the subject and also his plans to purchase a small home wherein he would have a darkroom and studio. Rose Streng Bell, being duly sworn, deposes and says: I reside at 668 Martense Avenue, township of Teaneck, Bergen County State of New Jersey, and make this affidavit to state that I am a personal friend, since 1934, of Mr. and Mrs. Harry V. Hearn, of 217 East One Hundred and Seventy-sixth Street, Borough of Bronx, city and State of New York. and have been a frequent visitor in their home. I knew of the injury suffered by Harry V. Hearn in 1940 and also knew of his interest, prior to this, in the field of photography. I heard him express, prior to 1940, his plans to acquire school study of the subject of photography and his plans to purchase a house for the purpose of having a studio and darkroom Lucy Streng, being duly sworn, deposes and says: I reside at 217 East One Hundred and Seventy-sixth Street, Borough of Bronx, city and State of New York, and make this affidavit to state that I am a personal friend of Mr. and Mrs. Harry V. Hearn, of 217 East One Hundred and Seventy-sixth Street, Borough of Bronx, city and State of New York, since the year 1934 and since that time have been a frequent visitor in their home. I do know of Harry V. Hearn's interest in the field of photography. I have heard him many times express, prior to his accident in 1940, his plans to acquire a house for studio and darkroom purposes and to acquire formal school training in the same subject. Sworn to before me this 30th day of June 1944. [SEAL] Commission expires March 30, 1946 LUCY STRENG. JOSEPH SHARCOFF, Notary Public, Bronx County. ARMY SERVICE FORCES, MAJ. JOHN W. COST, NEW YORK TELEPHONE Co., Richmond, Va. Judge Advocate General's Department, Judge Advocates' Division, DEAR SIR: This is to certify that Harry V. Hearn, an employee of this company, was absent from duty from June 5 to August 30, 1940, due to a broken leg. At the start of his absence his rate of pay was $53 per week. Subsequent payments were as follows: June 5 to June 11, 1940, wages at $53 per week; June 12 to August 30, 1940, disability benefit payment at $53 per week. Yours truly, PETER CYRUS Rizzo, M. D., F. A. C. S., For services rendered Mr. Harry V. Hearn., 217 East One Hundred Seventysixth Street, Bronx, N. Y. June 8, reduction of fracture of tibia application of cast; June 10, 13, 15, 18, 22, 29, home visits; July 6, 13, 20, 27, home visits; August 3, 5, home visits, $75. August 7, 10, 15, 17, 19, 21, 24, 26, 28, 31; September 2, 5, 7, 9, 11, 14, 17, 19, 21, 23, 25, 28; October 5, 9, 13, 15, 19, 22, 26; November 2, 9, 11, office visitsphysiotherapy at $3, (bill figured $102) charge, $100; total, $175. STATEMENT NEW YORK, March 6, 1944. The Hospital for Special Surgery, debtor, to Harry V. Hearn. 217 East One Hundred and Seventy-sixth Street, N. Y. City. Mr. HARRY HEARN, 219 East One Hundred and Seventy-sixth Street, New York City. Patient: Harry Hearn. Moved from pier 25, Franklin Street, to 219 East One Hundred and Seventy-sixth Street, $10. Received payment. WALTER B. COOKE, INC., Per W. B. GAFFNEY. PETER CYRUS Rizzo, M. D., F. A. C. S., Mr. H. HEARN, 217 East One hundred and Seventy-sixth Street, New York City: Services rendered for care of fracture of right tibia and fibula: June 8, to November 11, 1940, consisting of cast, home visits, and office treatments, $175. Paid in full April 18, 1941. H. Repts., 78-2, vol. 5 P. C. Rizzo, M. D. |