Lois E. Lillie, of Dover, Del., in full settlement of all claims against the United States for personal injuries, pain, and suffering sustained as a result of an accident involving a United States Army vehicle on United States Highway No. 301 between Richmond, Va., and Washington, D. C., on June 7, 1941.

On June 7, 1941, at about 12:40 a. m., an Army truck, operated by an enlisted man and traveling in an official convoy of Army vehicles, was proceeding south on State Highway No. 2 (United States Highway No. 301) between Fredericksburg and Richmond, Va., at an undertermined but slow rate of speed, approaching the intersection of said highway with Mica Road, a side road. The truck in question was the second vehicle in the convoy. At the same time a 1941 Cheyrolet sedan, owned by Francis T. Lillie, operated with his consent by his brother, Alfred Lillie, and in which their sister, Miss Lois E. Lillie, was riding as a passenger, was proceeding north on State Highway No. 2 at a speed of approximately 40 to 45 miles per hour and approaching the same intersection. There were no traffic signal lights or stop signs at the intersection in question. A soldier was placed approximately 80 yards south of the intersection to warn traffic approaching from the south that the convoy would turn left on Mica Road. When the second vehcile in the convoy reached the intersection and began to turn to its left it was struck by the civilian automobile operated by Alfred Lillie. As a result of the accident the civilian vehicle was extensively damaged and Miss Lois E. Lilie sustained personal injuries.

It appears that the Army vehicles in the convoy were returning troops from maneuvers. Alfred Lillie states that after rounding a curve in the road where he passed two soldiers standing beside the road he saw a long line of automobile lights coming toward him from the opposite direction at a slow rate of speed; that he was traveling at a speed of about 40 or 45 miles an hour; that the other vehicles were well on their side of the road; that when he was about 60 or 70 feet from the front lights of the head vehicle in the convoy an Army truck turned directly to the left into his path to enter a road going to Mica, Va.; that he (Mr. Lillie) thereupon immediately applied his brakes and that his car skidded about 50 to 55 feet before colliding with the Army truck. A soldier who had been stationed on Highway No. 2 about 80 yards south of the intersection to slow down and control traffic approaching from the south stated that he was standing in the road and that he signaled the driver of the Lillie car to slow down but that said vehicle did not slow down and that in order to avoid being struck by it he had to jump to the side of the road. On the other hand, Alfred Lillie and Miss Lois E. Lillie contradicted the statement of the soldier. It appears that there was a considerable number of Army vehicles on the highway on the night this accident occurred and that a number of soldiers were on foot on the road.

First aid was administered to Miss Lois E. Lillie at the scene of the accident by First Lt. Lawrence Gambert, One Hundred and Seventy-fourth Infantry, who made the following undated statement:

"That I went to the scene of the accident immediately where I was informed that a Miss Lois Lillie had been injured.

"That I examined her and rendered her first aid.

"That my diagnosis of her injuries are as follows:

"1. Traumatic shock.

"2. Abrasion and contusion of nose.

"3. Abrasion and contusion of right knee."

Miss Lillie was thereafter treated by Dr. G. Burton Queen, of Takoma Park, Md., who made the following statement on November 30, 1942:

"This is to certify that I attended Miss Lois Lillie from June 7, 1941, through June 24, 1941, for injuries received in an automobile accident with an army vehicle on Route 1, near Richmond, Va.

"Miss Lillie had laceration and contusion of the right knee. Contusion of the base of the nose with fracture of the nasal bone. Severe contusion of the left arm and hand with stiffness of the fingers. Contusion of forehead with swelling. "Her condition is now good, except for occasional pain in the right knee." On July 17, 1943, Miss Lillie made a statement concerning her injury in this accident in which she said:

"My work, at that time, could be done at a desk, so I returned to duty in about 2 weeks, being taken and called for each day for several weeks. It was necessary for me to wear an elastic bandage for several weeks, as there seemed to be no action in the knee, and I could not bear weight on the foot without the support of the bandage.

"It was many months before I could walk freely, without a limp, and it has been just recently that I have had freedom of movement in the finger that was

sprained. The knee continues to give me trouble, in that I suffer pain when it remains in one position for any length of time, and I still cannot stoop.'

No evidence has been presented to the War Department or the Department of the Army that Miss Lillie sustained any loss of earnings as a result of her injury in the accident of June 7, 1941.

Francis T. Lillie sustained the following property damage, expenses, and losses as a result of this accident:

Miss Lois E. Lillie sustained the following property damage and expenses as a result of the accident:

Damage to clothing...

Medical and hospital expenses---

Total...

$5.00

79.60

84. 60

There was introduced in the Seventy-ninth Congress a bill, H. R. 4466, for the relief of Francis T. Lillie and Lois E. Lillie, which, if enacted in its original form, would have authorized and directed the payment to the beneficiaries jointly of the sum of $2,868.71 in full settlement of their claims against the United States on account of the property damage sustained by Mr. Lillie and the personal injuries sustained by Miss Lillic as the result of this same accident. The chairman, Committee on Claims, House of Representatives, requested the War Department to submit a report on said bill. On December 19, 1945, the Secretary of War submitted a report on H. R. 4466, Seventy-ninth Congress, to the chairman of the House Claims Committee in which it was recommended that said bill be not favorably considered (H. Rept. No. 2121, 79th Cong., 2d sess., pp. 2-5). Such recommendation was based on the view of the War Department that the accident in question and the damages resulting therefrom were caused solely by the negligence of Alfred Lillie in failing to reduce his speed when warned to do so by a soldier on traffic duty in the highway.

It appears that all of the facts relating to this accident and the injury of Miss Lois E. Lillie which are now of record in the Department of the Army were presented to the Committee on Claims, House of Representatives, when that committee had H. R. 4466, Seventy-ninth Congress, under consideration. The House Claims Committee reported said bill to the House of Representatives with the recommendation that it be amended to provide for an award to Francis T. Lillie and Lois E. Lillie jointly in the sum of $383.71 ($79.60 for medical and hospital expenses incurred by Miss Lillie, and $5 for damage to her clothing; and $209.61 to Francis T. Lillie for damage to his automobile, $24.50 for telephone calls and transportation incurred by him as a result of the accident, and $65 for the loss of the use of his automobile for 13 days). The House Claims Committee in reporting H. R. 4466, Seventy-ninth Congress, to the House of Representatives said (H. Rept. No. 2121, 79th Cong., 2d sess., p. 2):

"There is conflicting evidence as to whether or not the soldiers actually attempted to warn the civilians but they were posted there for that purpose, and it is assumed that the civilian driving the car did not see the soldiers. It is true that there is some contributory negligence on the part of the driver of the civilian car. On the other hand, the convoy turning across the highway at a place where they would not ordinarily expect a turn to be made, as it was not a cross road, leads the committee to believe that there was negligence on the part of the Army driver, and that the claimants should be reimbursed, at least, for expenses incurred as a result of this accident.

"Therefore, your committee recommend that the sum of $383.71 be paid Francis T. Lillie and Lois E. Lillie for actual expenses, and recommend favorable consideration to the bill as amended."

H. R. 4466, Seventy-ninth Congress, was amended as recommended by the House Claims Committee to provide for a joint award to Francis T. Lillie and Lois E. Lillie in the amount of $383.71, and as so amended was enacted by the Congress. The bill was approved by the President on August 7, 1946, becoming Private Law 833, Seventy-ninth Congress.

It is clear that the accident of June 7, 1941, and the damages resulting therefrom were not caused by any fault or negliegnce on the part of Miss Lois E. Lillie.

However, inasmuch as the matter of granting relief to Miss Lillie for the damages sustained by her as a result of this accident has heretofore been considered by the Congress, which has determined that only $84.60 ($79.60 for medical and hospital expenses actually incurred; and $5 for damage to clothing) should be paid to her, as the evidence fails to show that Miss Lillie sustained any loss of earnings as a result of her injury in the accident, and as the medical evidence fails to show that she is now suffering from any permanent disability on account of her injury, the Department of the Army is not disposed to recommend that any further payment be made to her.

If the Congress in its discretion should determine that further compensation should be awarded to Miss Lillie, it is believed that the award should not exceed the sum of $500.

The Bureau of the Budget advises that there is no objection to the submission of this report.

ALBERT BURNS

MAY 25, 1949.-Committed to the Committee of the Whole House and ordered to be printed

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

following

REPORT

(To accompany H. R. 1069]

The Committee on the Judiciary, to whom was referred the bill (H. R. 1069) for the relief of Albert Burns, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Page 1, line 6, strike out "$73.20", and insert "$70.50".

The purpose of the proposed legislation is to pay $70.50 to Albert Burns, of Covington, La., in full settlement of all claims of the said Albert Burns against the United States on account of damage to his automobile sustained on June 30, 1947, when such automobile was in collision with a United States Army truck on Columbia Street, Covington, La.

STATEMENT OF FACTS

It appears that on June 29, 1947, Pvt. Walter H. Dickerson took an Army truck of the Forty-seventh Transportation Truck Company, New Orleans port of embarkation, New Orleans, La., without authority and for a personal mission of his own. On June 30, 1947, at about 4 a. m., he was driving said vehicle south on Columbia Street in Covington, La. A 1931 Ford coupe, owned by Albert Burns, of Covington, was parked on the left side of Columbia Street in front of his home. The Army vehicle side-swiped Mr. Burns' automobile, causing damage thereto in the amount of $70.50 (total cost of repairs by Covington Motors, Inc., Covington, La.).

On September 22, 1947, Mr. Burns filed a claim with the commanding officer, New Orleans port of embarkation, in the amount of $73.20 for the damage caused to his automobile in this accident. The claim was considered under the provisions of the Federal Tort Claims Act (60 Stat. 843; 28 U. S. C. 921), as revised and codified by the act of