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 annum.
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 to $ 8,500.
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.
© 1992-2004 VersusLaw Inc.