Satterwhite v. Bocelato

• Decision Date: 06 May 1955
• Docket Number: 391.,Civ. No. 393,392
• Citation: 130 F. Supp. 825
• Court: U.S. District Court — Eastern District of North Carolina
• Parties: Annie Pearl SATTERWHITE, Infant by her next friend, E. L. Satterwhite, Plaintiff, v. Joseph A. BOCELATO and United States of America, Defendants. Evelyn Annie CREWS, by her next friend, J. D. Crews, Plaintiff, v. Joseph A. BOCELATO and United States of America, Defendants. J. D. CREWS, Plaintiff, v. Joseph A. BOCELATO and United States of America, Defendants.

130 F. Supp. 825

Annie Pearl SATTERWHITE, Infant by her next friend, E. L. Satterwhite, Plaintiff, v. Joseph A. BOCELATO and United States of America, Defendants.

Evelyn Annie CREWS, by her next friend, J. D. Crews, Plaintiff, v. Joseph A. BOCELATO and United States of America, Defendants.

J. D. CREWS, Plaintiff, v. Joseph A. BOCELATO and United States of America, Defendants.

Civ. Nos. 393, 392, 391.

United States District Court E. D. North Carolina, Raleigh Division.

May 6, 1955.

B. S. Royster, Jr., Oxford, N. C., W. T. Joyner, Raleigh, N. C., for plaintiffs.

Howard E. Manning, Raleigh, N. C., for defendant Bocelato.

Julian T. Gaskill, U. S. Atty., Raleigh, N. C., for defendant United States.

GILLIAM, District Judge.

These actions were consolidated for trial and were heard without a jury. A claim is made in No. 392 and also in No. 393 for personal injuries, and in No. 391 for property damages sustained in a collision on June 25, 1949, between an automobile belonging to J. D. Crews, plaintiff in No. 391, being driven by Evelyn Annie Crews (now Mrs. Evelyn Crews Hicks), plaintiff in No. 392, and an automobile owned and driven by Joseph A. Bocelato, one of the defendants in all three actions.

Each plaintiff is a citizen and resident of North Carolina; defendant Bocelato is a citizen and resident of Tennessee and on the day of the collision was a Captain of the United States Army.

The collision occurred in daylight at the intersection of 12th and D Streets in Camp Butner, N. C., now under control of the State of North Carolina; Evelyn Annie Crews was driving East on 12th Street and Captain Bocelato was driving South on D Street; D Street was the subservient street and thereon at the intersection on each side of 12th Street there was the usual "Stop" sign erected by the North Carolina Highway authorities; both streets were paved, with 24 feet of hard surface and 8-foot shoulders; the speed limit on each street was 35 miles per hour and such maximum speed limit was indicated by the usual signs along the streets; trees and vines growing off the northwest corner of the intersection somewhat obstructed Captain Bocelato's view along 12th Street to his right and West of the intersection. Both streets were under the supervision and control of the North Carolina State Highway and Public Works Commission.

Upon nearing the intersection Captain Bocelato diminished his speed, but, though he saw the "Stop" sign on his right, failed to stop, as required by law; his car and the other car approaching from the West on 12th Street reached the intersection at approximately the same time and a collision occurred near the center thereof; neither car was exceeding the speed limit as it approached the intersection, or at any other time within the area or time involved; the Bocelato car struck the car driven by Evelyn Annie Crews on its left or driver's side near the front door; the Crews car was demolished and both Evelyn Annie Crews (now Evelyn Crews Hicks) and Annie Pearl Satterwhite (now Annie Satterwhite Tunstall), who was a passenger in the Crews car, suffered personal injuries.

As a result of such injuries Annie Satterwhite Tunstall has lost all serviceable vision in her right eye; her right eardrum was punctured, resulting in partial deafness; her right jawbone was fractured, seven teeth were knocked out and several others damaged; the roots from the seven teeth lost, together with other damaged teeth, must be removed; there were multiple fractures of the facial bones and, perhaps, a fracture at the base of the skull; she is permanently injured; she, of course, suffered pain and has paid and incurred medical expenses amounting to about $2,000.

Fortunately for her, the injuries to Mrs. Evelyn Crews Hicks were not so severe; she sustained many bruises and abrasions and was in a state of shock for several days; she was earning $35 per week and lost three weeks; her medical expenses were $25; she is not permanently injured.

The automobile of plaintiff J. D. Crews was damaged in the amount of $575.

At the time of the collision Captain Bocelato was stationed at Fort Belvoir, Virginia, on active duty with the Corps of Engineers; he was Commanding Officer of a bomb disposal detachment; his duties were to travel, pursuant to orders of his superiors, to military establishments throughout the country, inspect inactive artillery ranges, report conditions, and advise whether and to what extent they contained dangerous unexploded projectiles.

In early June, 1949, he was ordered to report to the District Engineer, Savannah, Georgia, where in turn he was ordered to Camp Butner and there to inspect a tract of land which was formerly a part of an artillery range, and report his findings on Monday morning, June 27, 1949.

There was no government vehicle or other means of transportation available for his use at Camp Butner, and he was authorized to use his own car for travel to Camp Butner; his orders read "T.P.A.", meaning travel by private conveyance authorized; the Captain was to receive per diem expenses for food, lodging and incidental expenses; he travelled from Savannah to Butner in his private car and received mileage allowance; he arrived at Butner Friday night, June 24, and was provided quarters in abandoned barracks by the State of North Carolina; he had no office or other headquarters at Butner and used the barracks as his quarters, office and base of operations; the artillery range which he was to inspect lies about 15 miles from Butner and from where the Captain was quartered; though his orders did not specifically authorize him to use his private car, to travel from his barracks to the range, he had no alternative; such military vehicles as there were at Butner were not available for the Captain's use and the only available means of getting to and back from the land to be inspected was by his private car.

He was ordered to make his report on Monday morning, June 27, and on Saturday morning, June 25, he drove his car from his quarters to the range to make his inspection; returning to his quarters by the most direct route after making the inspection, the collision above mentioned happened; in his car at that time were maps, charts and diagrams of the area he had inspected, together with notes he had made for use in preparing his report; he was on 24-hour duty, seven days a week.

Though Captain Bocelato was authorized to use his own car in travelling to Butner, he was not required to do so; he could have used such commercial transportation as was available; had he done so, however, no means of transportation from Butner to the area to be inspected and return to his quarters would have been at hand.

The quarters being occupied by the Captain were under the control of the State of North Carolina and he paid the State for their use; he was receiving per diem allowance for personal living expenses and the government had no control of and exercised no supervision over the selection of quarters or the making of eating arrangements; after the inspection was completed Captain Bocelato was free to go where he chose and occupy his time as he saw fit, but it is reasonable to assume that he would use his quarters for the purpose of assembling his data and preparing his report which was due the following Monday morning; while it is true that he planned to eat before going to his quarters...