14 Donald passed the required physical examination and enlisted in the United States Navy on January 25, 1952.
15. Donald missed two and one-half months of school after the automobile accident. Only two or three weeks of that time can be attributed to the automobile accident, with the remaining lost time chargeable either to the subsequent football accident or to voluntary absence.
16. Donald failed in his schoolwork two consecutive times after the automobile accident, but his academic failures were in no way connected with the accident. He failed in three courses in school prior to the accident.
17. Dr. Grahn's bill was $ 97 for the treatment of both Donald's automobile injuries and his subsequent football injuries. However, the entire bill, which was fair and reasonable, can fairly be charged to his automobile injuries alone.
18. As a result of the injuries he sustained in the automobile accident, Donlad was unable to serve his newspaper route for three weeks, at a loss of $ 8 a week or a total loss of $ 24. He would have given half of these lost earnings ($ 12) to his parents.
19. I assess Donald's pain and suffering resulting from the automobile accident to be in the amount of $ 400.
20. James Cardwell, then thirteen years old, was knocked unconscious in the automobile collision and regained consciousness in Mercy-Douglass Hospital a short time later. His mother took him home the same day and put him to bed where he remained until the following night.
21. James sustained the following injuries: a right parietal contusion, three-fourths by two and one-half inches; a small hematoma about the size of a walnut on the skull (a hematoma of the skull is an egg-shaped blood collection or bump under the scalp); a bruise, swelling, and strain of the left wrist; and a wrenched lower back.
22. The hematoma of the skull cleared up by itself within ten days, but James had pain in that part of his head for about six weeks and suffered intermittent headaches for about two months after the accident, during which time it took him longer to do his homework.
23. James' back was tender and its motion was limited and painful for a short period of time. For several weeks his wrist remained swollen and was pained by any type of motion.
24. Dr. Grahn, who first treated James two days after the accident, dressed and redressed his wrist several times, and administered twenty-three short-wave diathermy (heat) treatments to his wrist and lower back. Dr. Grahn dressed the wrist for the last time about five weeks after the accident.
25. The only permanent effect of James' injuries is a small mass or fullness in the left wrist, which has not appreciably impaired the strength, mobility, or usefulness of the wrist.
26. I assess the pain and suffering incurred by James as a result of the aforesaid injuries to his wrist, head, and back to be in the amount of $ 500.
27. Dr. Grahn's bill for the treatment of James' automobile injuries was $ 76, which was fair and reasonable.
28. As a result of the injuries he sustained in the automobile accident, James was unable to serve his newspaper route for four weeks, at a loss of $ 6.50 a week or a total loss of $ 26. He would have given most of this amount to his parents and kept the rest for lunch money.
29. The parent plaintiff, Baird Cardwell, in his own right, has sustained the following losses: damage to his automobile in the amount of $ 345; doctor's bills for the treatment of Donald's and James' injuries in the amount of $ 173; loss of contributions of earnings from Donald and James in the amount of $ 38; or a total of $ 556.
Conclusions of Law.
1. This court has jurisdiction over the parties and the subject matter of this action. 28 U.S.C. § 1346(b).
2. The accident and resultant injuries to plaintiffs were proximately caused by the negligent operation of defendant's mail truck by its employee within the scope of his employment.
3. Plaintiffs were not contributorily negligent.
4. Defendant is liable to plaintiff Baird Cardwell, in his own right, in the amount of $ 556.
5. Defendant is liable to minor plaintiff Donald Cardwell in the amount of $ 412.
6. Defendant is liable to minor plaintiff James Cardwell in the amount of $ 500.
7. Plaintiffs are entitled to judgments against defendant in the above amounts, with costs.
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