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OCR Page 1 of 1521946
EXECUTIVE OFFICE OF THE PRESIDENT
JUN
BUREAU OF THE BUDGET
WASHINGTON, 25, D. C.
JUN 10 1946
My dear Mr. Latta:
The Congress has enacted H. R. 3340, "For the relief of Mrs. Merla
Koperski."
It is the purpose of the bill to pay the sum of $2,114 to Mrs. Merla
Koperski, of the Territory of Hawaii, in full settlement of all claims
against the United States for personal injuries sustained and medical and
hospital expenses incurred on October 28, 1944, as the result of being
struck by a bullet fired by an enlisted man of the United States Army.
It appears that, on the date in question, an enlisted man of the Army
was on duty as a military policeman at a highway check station at Kalai-
paloa Point, Hauula, Oahu, T. H.; that an unidentified vehicle drove past
the check station in disregard of proper signals to halt; that after the
vehicle had proceeded about 75 yards, the enlisted man fired one warning
shot from his .45-caliber automatic pistol at an angle downward toward
the highway and in the general direction of the vehicle; and that while
the bullet did not hit the vehicle, it glanced and struck the claimant,
standing in the yard of her home which was adjacent to the highway at a
point about 200 yards from the check station.
As a result of the accident, Mrs. Koperski, who was 46 years of age,
sustained a laceration of the scalp, starting at the hair line over the
right eye and extending backwards 1-3/4 inches, together with shock. She
was confined to her bed at home and on November 20, 1944, returned to the
hospital where she received two blood transfusions which were necessitated
by an acute secondary anemia resulting from the scalp wound. Total in-
capacity continued for about two months. She incurred medical and hospital
expenses in the amount of $114.
At the time of the accident, Mrs. Koperski, a commercial artist, was
in business with her husband. She claims that, because of her injuries,
she was unable to complete Christmas orders which she had received from
a large Honolulu department store and that her only income during her ill-
ness was from the sale of pictures painted prior to the accident.
The War Department, in reporting on the bill when it was before the
Congress, concluded that the accident was caused by the sole negligence of
the Army enlisted man and that an award in the amount of $2,114 would con-
stitute a fair and reasonable settlement of her claims.
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