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EXECUTIVE OFFICE OF THE PRESIDENT
BUREAU OF THE BUDGET
WASHINGTON 25, D.C.
JAN 18 1946
;
My dear Mr. Latta:
On January 11, 1946, you advised this office that S. 90, "For the
relief of the estate of George O'Hara, #f had been received at the White
House, and requested reports and recommendations as to the approval of
the bill.
It is the purpose of the bill to pay the sum of $7,882.97 to the
estate of George O'Hara, in settlement of all claims against the United
States by reason of the death of the said George O'Hara as a result of
injuries sustained in a collision with an Army truck near Forest City,
Illinois, on December 6, 1943.
It appears that on the date in question, a rear wheel of an Army
pick-up truck locked while the truck was being towed by an Army wrecker
on one of the main highways between Forest City and Manito, Illinois;
that the driver of the wrecker towed the truck to the opposite side of
the road so that it was facing traffic coming from the opposite direction;
that the wrecker was partially on the road with its right front wheel
resting on the pavement about two feet from the edge of the road; that
the Army driver sent his assistant about 75 yards up the road, but did
not provide him with a flashlight or other means of flagging night traf-
fic; that no flares or other warning lights were set out, although the
Army vehicles remained in the above-described position for at least one-
half an hour; and that before the Army vehicles had been moved, a pick-up
truck owned and operated by George O'Hara crashed into the Army wrecker.
As a result of the accident, Mr. O'Hara sustained severe personal
injuries from which he died within a few minutes. At the time of his
death, he was 39 years of age and was survived by a widow and seven minor
children whose ages ranged from 5 to 19 years. He was the sole support
of his wife and younger children. Funeral expenses were incurred in the
amount of $382.97.
A facsimile of the enrolled enactment has been referred to the War
Department and the Department of Justice, and their replies, interposing
no objection to the approval of the bill, are attached.
The War Department, while conceding negligence on the part of the
Army driver, discusses the question of whether Mr. O'Hara was guilty of
contributory negligence in failing to observe the headlights of the Army
wrecker, but concludes, on the basis of the testimony of the only dis-
interested witness to the accident, that the headlights of the Army
wrecker may not have been lighted.
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