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BICKART v. UNION BARGE LINE CORP.

March 18, 1953

BICKART
v.
UNION BARGE LINE CORP



The opinion of the court was delivered by: MARSH

This admiralty action was brought by the libellant to recover maintenance and cure. From the evidence, the court enters the following

Findings of Fact

 1. Arthur Bickart, the libellant, is a resident and citizen of Pittsburgh, Allegheny County, Pennsylvania.

 2. Union Barge Line Corporation, respondent, is a Pennsylvania corporation and has its principal office for the transaction of business in Pittsburgh, Allegheny County, Pennsylvania.

 3. On October 2, 1945, the respondent owned and operated the steamboat J. D. Ayers in navigation on the Mississippi River in the vicinity of Rosedale, Mississippi.

 4. The libellant on said date was employed by the respondent on said vessel as a deckhand.

 5. On said date, while assisting in the operation of moving a fuel flat or barge from the starboard side to the head end of the boat, the libellant received injuries to his right leg when it was caught between the corner of the fuel flat and the tow knee.

 6. Because of his injury libellant was hospitalized in the United States Marine Hospital at Memphis, Tennessee, from October 2, 1945, to January 31, 1946. During this period maintenance and medical services were furnished to the libellant free of charge.

 7. From February 2, 1946, until approximately June 1, 1946, libellant was an outpatient at the Marine Hospital in Pittsburgh, Pennsylvania. These medical services were furnished libellant free of charge. During this period he walked on crutches and used a cane.

 8. Since undergoing treatment in the Marine Hospitals, libellant has suffered pain and some limitation of motion in his right hip. He also has suffered a moderate amount of swelling, rigidity and spasticity of the muscles of the right hip. This condition is due to a secondary reaction resulting from the injury and the insertion of a metal plate in the bony structure of the broken hip, and is induced by standing and walking while at work. This condition is permanent. There is also a moderate amount of spasticity and rigidity in the muscles in plaintiff's right knee, which is a result of the injury.

 9. Libellant alleviates the pain, muscular rigidity and spasticity of his leg by massage and heat applications. Further medical treatment would not do any more for him insofar as improving his condition is concerned.

 10. Libellant started to look for work during the month of September, 1946. *fn1" By September 18, 1946, libellant had attained the maximum degree of improvement that could be expected from the medical treatment and care which he received. This period from October 2, 1945, to September 18, 1946, is a fair and reasonable period after his injury in which to expect the maximum improvement. Under the evidence further medical treatment and care will not further cure him.

 12. Libellant obtained employment and worked for North Laundry Company for two months from March 20, 1947; he was employed for three months by Sweet Clean Laundry Company from November 1, 1947, until January 31, 1948; for approximately six months by the Davey Tree Expert Company from October 18, 1950, until April 10, 1951; and ...


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