11. After the ambulance came to rest across the highway, it was struck on the right side by the plaintiff's automobile.
12. The impact caused the rear of the ambulance to swing to the east and the right side of the ambulance and the left side of the plaintiff's automobile came together.
13. The ambulance came to rest headed in a northerly direction on the east side of the road and the plaintiff's automobile came to rest, also headed in a northerly direction, with its right wheels just off the traveled portion of the highway.
14. The distance of the ambulance's skid was approximately 30 feet and about 2 seconds elapsed from the start of the skid until the collision.
15. The damage to the ambulance was slight and it proceeded to South Park after the accident.
16. Plaintiff's automobile was badly damaged, particularly the grill and front fender, the hood, radiator, headlights, axle, frong spring, side shields, windshield, left door glass, one tire and wheel, as well as the dashboard, steering mechanism, left doors and roof. It was damaged beyond repair.
17. Plaintiff was cut about the face and was taken to the South Side Hospital in Pittsburgh where he received surgical treatment and was confined for five days.
18. After leaving the hospital he was confined to his home for approximately two weeks.
19. Plaintiff has permanent scars on his left cheek and left upper eyelid, with a noticeable bulging of the tissue, which scars are of a permanent nature. Plaintiff also experiences a degree of numbness in the feeling of the left side of his face and head.
20. Plaintiff incurred the following expenses as a result of the accident:
Doctor bill . . . 75.00
Damage to clothing . . . 30.00
Hospitalization exp. . . . 133.00
. . . $ 238.00
21. The estimated cost of repairing the damage to the automobile was $ 800. The automobile was not repaired but was sold for $ 135 shortly after the accident. The fair market value of the automobile immediately prior to the accident was approximately $ 320.
22. The maximum damages which the plaintiff can receive for the motor vehicle is the difference in value before and after the accident, which is $ 185.
Conclusions of Law.
1. Jurisdiction is vested in this Court by virtue of the Federal Tort Claims Act, 28 U.S.C.A. 1346.
2. An inference of negligence arises by reason of the army ambulance being on its own left hand side of the highway.
3. The driver of the army ambulance was negligent, under all of the circumstances, in attempting to shift gears upon a wet surface from first, through second and third into the vehicle's highest speed gear.
4. The operator of the army ambulance was negligent in operating the armored car without having it under proper control.
5. The negligence of the operator of the army ambulance was the proximate cause of the accident and resulting injuries and damages sustained by the plaintiff.
6. The plaintiff was not guilty of contributory negligence.
7. The plaintiff is entitled to recover special damages in the amount of $ 423.
8. The plaintiff is entitled to recover for personal injuries sustained, which includes pain, suffering and inconvenience, past, present and future, and for mental suffering, past, present and future, which is a natural and necessary result of the disfigurement to the plaintiff's face, in the amount of $ 2,500. Studebaker et ux. v. Pittsburgh Railways Company, 260 Pa. 79, 103 A. 532, L.R.A. 1918 D, 886; Kerr et ux. Hofer, Adm'r, 347 Pa. 356, 32 A.2d 402.
9. The total damages which the plaintiff is entitled to recover against the United States of America is $ 2,923.
An appropriate Order is entered.
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