rebuilding of the nose, skin graft, and hospitalization of approximately forty days.
24. A plastic surgery operation on Helen Bologach's nose, even if successful, will restore her face to only seventy per cent. of its normal appearance and will not restore her lost sense of feeling or sensation to the nose.
25. Because of the injuries sustained in the collision and as a residual of these injuries, Helen Bologach presently suffers headaches five or six days each week, and is extremely nervous.
26. As a result of the said collision, Helen Bologach suffered a loss in damage to her clothing in the sum of $ 35.
27. As a result of the injuries and resultant embarrassment suffered by Helen Bologach, she was obliged to refrain from gainful occupation from shortly after the accident until the present time, with a resultant loss of wages to her in the sum of $ 3,500.
28. John S. Bologach, husband plaintiff, lost wages by reason of having to be absent from his regular job to attend his wife, Helen Bologach, after the accident in the sum of $ 31.35.
29. John S. Bologach, husband plaintiff, incurred medical and hospital expenses in the sum of $ 279.30 in connection with the treatment of his wife, Helen Bologach, for the injuries sustained by her in the said collision.
30. John S. Bologach, husband plaintiff, will be required to incur medical and surgical expenses in the future in the sum of $ 1,500 for the hospitalization and plastic surgery operation on the nose of his wife, Helen Bologach.
31. John S. Bologach, husband plaintiff, has been in the past, and will be in the future, deprived of the assistance and society of his wife, Helen Bologach, by reason of the injuries sustained by her in the collision.
32. The damages Helen Bologach is entitled to recover for her disfigurement and the pain and suffering which she has endured and will continue to endure in the future, in part for the balance of her life, are $ 20,000.
33. The present value of the future losses and damages of John S. Bologach due to loss of consortium as the result of the said injuries to his wife, Helen Bologach, is $ 2,500.
Conclusions of Law
1. This Court has jurisdiction of the subject matter and the parties to this action by virtue of the Federal Tort Claims Act, 28 U.S.C. § 1346(b), 2671-2680.
2. An inference of negligence arises by reason of the Army car being on its own left-hand side of the highway. Rosenal v. United States, D.C.W.D.Pa., 94 F.Supp. 1004; Hast v. United States, D.C.W.D.Pa., 96 F.Supp. 207.
3. The driver of the Army car was negligent in driving without chains on a slippery highway, and in driving off the road onto the berm.
4. The driver of the Army car was negligent in attempting to drive the Army car back onto the concrete highway from the berm at a speed of approximately thirty miles an hour, under the conditions and circumstances then existing including the slippery condition of the highway.
5. The driver of the Army car was negligent in operating the Army car at an excessive rate of speed under the conditions then prevailing.
6. The driver of the Army car was negligent in operating his car without having it under proper control.
7. The negligence of the driver of the Army car was the proximate cause of the accident and the consequent damages sustained by the plaintiffs.
8. The plaintiffs were not guilty of contributory negligence.
9. Helen Bologach, being independently employed prior to her accident, is entitled to recover in her own right loss of wages occasioned by the accident. 48 P.S.Pa. § 34.
10. John S. Bologach, husband plaintiff, is entitled to loss of consortium occasioned by the injuries sustained by his wife, Helen Bologach, as the result of the accident. Hewitt v. Pennsylvania Railroad Company, 228 Pa. 397, 77 A. 623; Grobengieser v. Clearfield Cheese Co., Inc., D.C.W.D.Pa., 1950, 94 F.Supp. 402.
11. The total damage which Helen Bologach is entitled to recover against the United States of America is $ 23,535.
12. The total damage which John S. Bologach is entitled to recover against the United States of America is $ 4,310.65.
And now, to wit, July 27, 1954, in accordance with the foregoing Findings of Fact and Conclusions of Law, judgment is entered against the United States of America and in favor of Helen Bologach for the sum of $ 23,535, and against the United States of America and in favor of John S. Bologach for the sum of $ 4,310.65.
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