Stafford should have against each of said defendants.
Barthol Stafford suffered a fracture of the right collar bone, a laceration of the right leg, the nature of the laceration to the leg was of the type that it would be likely to re-open with some slight injury or strain for the reason that the site of the laceration was at the shin bone and was approximately four inches in length and one-half inch in width. He was off work for a period of seven weeks, and for a period of ten weeks from the time of the accident considerable pain, discomfort and inconvenience was caused. His average weekly earnings were $ 45 at his respective places of employment. His hospital bill was $ 46; medical attention $ 78. In addition thereto, his motor vehicle was completely demolished beyond repair, and it was stipulated and agreed that the value of the car at the time of the accident was $ 500; he received the amount of $ 170 as junk value, or the net loss amounted to $ 330 as far as the vehicle was concerned. The special damages which Mr. Stafford, therefore, sustained in his own right amounted to $ 769.
The Court believes and finds that Barthol Stafford should be compensated for the pain, suffering, inconvenience and condition which he experience in the amount of $ 500, or total damages in the amount of $ 1269.
For reasons which are self-evident when considered in light of what has previously been expressed, Margaret Stafford was not guilty of contributory negligence nor should the negligence of Barringer be imputed to her. As a result thereof a right of recovery exists in her favor against Barringer and Roadway Transit Company.
In addition thereto, Barthol Stafford is entitled to recover for the expenses which he was obligated to pay as a result of the injuries sustained by his wife Margaret Stafford, for the loss of his wife's society, services and assistance as a result thereof. To approach this problem, consideration must be given the injuries, disability and resulting expenses incurred as a result of the injuries to Mrs. Stafford.
Mrs. Stafford sufferend a fracture of the cervical spine or neck, and also fractures of the upper dorsal spine and fracture of the upper left arm. She was treated on traction in bed by a special type equipment for three weeks. It was necessary for her to wear a long plaster jacket, which included the chin. Her glasses were broken in the accident, and it was necessary for her to remain away from her employment for a period of 17 weeks, her average weekly wages being $ 35. She remained under the care of her physician for a considerable period of time, and at the time of trial a complete recovery had been effected with the exception of a tenderness in the area of the spine over the third and fourth dorsal vertebrae, which the doctor believed to be of a permanent nature although it was not disabling nor would it in any way affect her earning power. However, as a result of the condition of pain and discomfort in the back, although it is not disabling or has any effect on her earning power, said condition will continue for an indefinite period of time in the future. It further appears that Mrs. Stafford, as a result of the accident, received permanent small marks or scars about the face; a scar on the eyelid of the eye, two small scars on the right cheek bone or on the right cheek, two scars on the left arm between the wrist and elbow, and scars on the back of the right hand.
The expenses which Mr. Stafford incurred as a result of his wife's personal injuries, which would be special damages to him, are as follows:
Medical expenses . . . . . . . . $ 250.00
Hospital expenses . . . . . . . . 372.00
Glasses . . . . . . . . . . . . . . 19.00
Damages to watch & clothing . . . . 50.00
Total . . . . . . . . . . . . . . $ 691.00
Mr. Stafford, therefore, will be entitled to recover $ 691 as special damages, and for the loss of the society, services and comfort of his wife, the amount of $ 1,000. So that his total claim as a result of the injuries to his wife will be $ 1691. To this amount will be added his individual claim for expenses and damages of $ 1269, which will make his total right of recovery $ 2960.
In connection with the amount of damages to be awarded in favor of Margaret Stafford, she was away from her work for 17 weeks, which created a financial loss of $ 510. In addition thereto she experienced severe injuries and was caused to undergo considerable pain and suffering. Although no disabling condition or impairment of earning power now exists, she does experience considerable discomfort and inconvenience in going about her normal way of life. It was impossible for the medical witnesses to testify how long this condition might exist, and it was conjuctural as to whether or not surgery might be required in an effort to improve said condition or whether it might become disabling.
I believe and find that Margaret Stafford should be compensated for the pain, suffering, inconvenience and condition which she experienced in the amount of $ 3500, plus her loss of earnings in the amount of $ 510, or a total recovery is allowed in the amount of $ 4010.
My conclusions are as follows:
1. That the plaintiff, William Charles Barringer, is not entitled to recover against the Roadway Transit Company for the personal injuries and damages sustained by him individually for the reason that he was guilty of contributory negligence.
2. That William Charles Barringer is not entitled to recover against the Roadway Transit Compnay in connection with the action filed under the Wrongful Death Statute in the Commonwealth of Pennsylvania, for either his personal pecuniary loss or for the expenses which it was necessary for him to incur as a result of the injuries and resulting death of his wife for two reasons:
(a) Said action is barred by the statute of limitations.
(b) William Charles Barringer was guilty of contributory negligence.
3. That William Charles Barringer as administrator of the Estate of Mary Anne Barringer, deceased, is entitled to recover against the Roadway Transit Company under the Survival Statute in the Commonwealth of Pennsylvania.
4. That Barthol Stafford is entitled to recover against the Roadway Transit Company, the original defendant, and William Charles Barringer, the additional defendant, both of whom were guilty of joint and concurrent negligence.
5. That Margaret Stafford is entitled to recover against the Roadway Transit Company, the original defendant, and William Charles Barringer, the additional defendant, both of whom were guilty of joint and concurrent negligence.
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