Loss of Work- 22 weeks at $ 35.00 per week . . . $ 770.00
Total . . . $ 2,255.25
As to the plaintiff, Carlie Waugh, a temporary state of shock, dislocated left hip, broken dental plate, cuts and bruises of the limbs and head. All of the foregoing occasioned pain and suffering. He has recovered from all of the injuries occasioned from stiffness and pain on occasion in the left hip region which will clear up in time.
As a result of the foregoing, Waugh suffered special damages as follows:
Harrisburg Hospital- Sept. 3, 1948 to Sept. 22, 1948 . . . $ 172.00
Out-Patient, Harrisburg Hospital Dispensary . . . $ 30.75
Dr. J. H. Harris, Ex-rays . . . $ 20.00
Dr. George Berkheimer . . . $ 98.00
Nelson C. Brooks, D.D.S. . . . $ 30.00
Clothing . . . $ 52.50
Loss of Work- 46 days at $ 10.20 per day . . . $ 469.20
Loss of overtime . . . $ 61.20
(A decrease in earnings of $ .84 per day until he resumes his former position,
a time not definitely fixed) . . . -
Total . . . $ 933.65
Conclusions of Law
We find as a matter of law that the defendant was negligent; the plaintiff Gladysz free from contributory negligence.
The substantive law of Pennsylvania controls in the determination of the substantive rights of the parties, 28 U.S.C.A. § 1346(b). Damages are never presumed; they must be proved by competent credible evidence. Rice v. Hill, 315 Pa. 166, 172, 173, 172A. 289.
A motorist about to cross in intersection must be highly vigilant and exercise extreme care in avoiding accidents. He must not depend on safe passage across the intersection solely because of a green traffic light or other theoretical right of way. Grimes v. Yellow Cab Co., 344 Pa. 298, 303, 25 A.2d 294; Byrne v. Schultz, 306 Pa. 427, 431, 160 A. 125; see Papkin v. Helfand and Katz, 346 Pa. 485, 31 A.2d 112. He must have his car under control and must look and see what is visible before attempting to cross the intersecting street. One who does not because of inattention see a visible approaching motor vehicle at an intersection is negligent as a matter of law. Sargeant v. Ayers, 358 Pa. 393, 396, 397, 57 A.2d 881. Where the view of a driver approaching an intersection is obstructed he is bound to exercise proportionately greater diligence than if his view was unobstructed. Brown v. Jones, 138 Pa.Super. 350, 353, 354, 10 A.2d 839. Here however the driver of the taxicab looked to the right and to the left before and after entering the intersection. The defendant's tractor trailer was not yet in sight. The mere fact that after entering the intersection the view of the taxicab driver was obstructed by the side of the side of the station wagon did not constitute contributory negligence on his part. Pellegring v. Coll, 133 Pa.Super. 294, at page 296, 3 A.2d 491; Myers v. Funk, 111 Pa.Super. 17, 19, 20, 169 A. 400.
'Every person crossing any road intersection must exercise 'due care' under the circumstances. Circumstances are those things present, or reasonably likely to be present, before the intersection is crossed. * * * 'To require one proceeding with a 'go' signal, even after he is in the intersection, with his automobile under such control as to stop it immediately to avoid coming into contact with an automobile disobeying the traffic signal, would obviously prevent the necessary and desirable movement of traffic." Graff v. Scott Bros. Inc., 315 Pa. 262, at page 268, 172 A. 659, 661, and see Sommer v. Blacka, 153 Pa.Super. 643, at page 645, 34 A.2d 830.
As to the passenger Waugh, see Davis v. American Ice Co., 285 Pa. 177, at page 184, 131 A. 720.
As to the negligence of the defendant, see the foregoing cases and in addition 75 P.S.Pa. § 635(a), (b)2; Van Zyl v. Neitch, 116 Pa.Super. 68, at page 71, 12, 176 A. 31.
Under all the evidence judgment must be entered in favor of the plaintiffs and against the defendant.
For the injuries sustained, the pain and suffering, and the special damages incurred, the plaintiff Gladysz suffered damages in the sum of Seven Thousand Seven Hundred Fifty ($ 7,150) Dollars, which is hereby awarded to him.
For the injuries sustained, the pain and suffering and the special damages incurred, the plaintiff Waugh suffered damages in the sum of Three Thousand Seven Hundred Fifty ($ 3,750) Dollars, which is hereby awarded to him.
Orders in compliance with the foregoing will be handed down this date.