is somewhat painful but not disabling. He has occasional pain in
the lower back and left foot and leg due to the bruising and
straining of the lumbosacral joint and the fractures of the left
fifth metatarsal bone. He also has occasional pain in the region
of the coccyx. These conditions will not be permanent and he has
made a good medical recovery.
23. Libellant returned to his work in December of 1950 and
during the year 1951 his earnings totaled the sum of $3500, the
same amount as his previous full year's earnings at the same
occupation in 1949.
24. Prior to the accident, libellant, though afflicted with a
hemiplegia from infancy, was able to do his work capably and
satisfactorily. He had been engaged in ship cleaning work for
approximately one year prior to the accident and had earned about
$3500. His earning capacity in the work in which he was engaged
at the time of the accident and is still engaged was $3500 per
25. Libellant has effected a good medical recovery and his
earning capacity has not been diminished by this accident.
26. Libellant was born on February 26, 1911, is well-built, has
had a grade school education and, to the extent that he was
physically able to do the manual labor required in ship cleaning
work prior to the time of the accident, that ability has not been
impaired by the results of this accident.
27. The damages suffered by the libellant as a result of his
injuries and due to the fault of the respondent, including loss
of earnings while he was necessarily absent from work as a result
of the injuries, medical expenses, and pain and suffering,
including an allowance for some minor future inconvenience amount
Conclusions of Law
I adopt as my conclusions of law libellant's requested
conclusions of law Nos. 1 to 8 inclusive.
9. The libellant is entitled to judgment in the amount of
$8,500 against respondent, Pope and Talbot, Inc.
© 1992-2003 VersusLaw Inc.