Findings of Fact
Libellant has submitted requests for findings of fact which comprehensively describe the details of this accident. In conjunction with the preceding discussion, I adopt as my findings of fact libellant's requests for Findings of Fact Nos. 1 to 16 inclusive.
Findings of Fact No. 17 is as follows: In the early evening of February 12, 1950, while National's employees were working in the forward or No. 1 deep tanks, the ship ran steam into the pipes in the after or No. 2 pipes. This caused the kerosene, which had been recently freely applied to these pipes, to vaporize and created a foggy misty condition in the air of the lower hold with acrid fumes irritating to the eyes. No notice of this, before or after it was done, was given to National's employees generally or the libellant specifically.
I adopt libellant's requests for Findings of Fact Nos. 18 to 22 inclusive.
Finding of Fact No. 23 is as follows: A back brace was prescribed for and secured by libellant in June, 1950 which he has worn almost constantly since then to date. The bursitis of his right shoulder has subsided. Libellant suffers from the following conditions: occasional attacks of vertigo, a fracture of the hamate bone of the right wrist, restriction of flexion of the fourth and fifth fingers of the right hand, radiating pain from the hand up the forearm, a right pelvic tilt and right lumbar scoliosis, traumatic coccydynia, several lumbosacral pain, atrophy of the muscles of the right arm and forearm, traumatic arthritis of the right elbow joint, post-traumatic dystrophy and osteoporosis of the right upper extremity. Motion of the right elbow and wrist is restricted and accompanied by pain in these regions. He has suffered loss of strength in his right hand and arm and is unable to use his right arm for sustained lifting and laborious work. Although the vertebral fractures have healed, he suffers pain in the lower back referable to a narrowing of the joint space with osteoarthritic sciatica; although the fractured eleventh rib has healed there is normal residual irregularity at the fracture site. As a result libellant is restricted in the use of his back and right arm and hand and cannot engage in manual labor of the type heretofore engaged in by him. His injuries have unfitted him for any laborious work requiring sustained heavy lifting and pulling.
Libellant's request for Finding of Fact No. 24 is adopted with the insertion of the word 'sustained' before the last two words.
I adopt libellant's request for Finding of Fact No. 25.
The remaining Findings of Fact are as follows:
26. In September of 1951 libellant resumed gainful employment as a bartender at a weekly wage of $ 60.
27. Because of libellant's injuries and resulting disabilities he will be restricted in gainful employment in the future with a diminished earning capacity of 33 1/3 %
28. Libellant was born on September 17, 1909, is well-built, was healthy and in good physical condition prior to this accident and in all probability will be gainfully employed until he reaches the age of 65 years.
29. Libellant's earnings immediately prior to the time of the accident averaged $ 5,000 annually and there have been increases in the wage rates for the work he was doing totaling approximately 20%, so that libellant's earning capacity now and hereafter would average $ 6,000 annually, had he not sustained his injuries.
30. The damages suffered by the libellant as the result of his injuries, including loss of earnings to date, diminution of earning power in the future to the extent of 33 1/3 %, during libellant's normal life's work expectancy reduced to its present value at the rate of 3%, medical expenses totaling $ 801.50, and pain and suffering, past, present and future, amount to $ 45,000.
31. Libellant is entitled to judgment in the sum of $ 45,000.
Conclusions of Law
I adopt libellant's requests for Conclusions of Law Nos. 1 to 8 inclusive as my conclusions of law.
9. The libellant is entitled to judgment in the amount of $ 45,000 against respondent, Pope and Talbot, Inc.
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