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GREEN v. UNITED STATES

December 12, 1955

Dale M. GREEN and Eileen M. Green, his wife,
v.
UNITED STATES of America



The opinion of the court was delivered by: GOURLEY

This is a suit for damages arising out of a collision between a motor vehicle of the United States and a motor vehicle operated by one of the party plaintiffs.

The proceedings are brought against the United States of America pursuant to the provisions of the Federal Tort Claims Act. 28 U.S.C.A. 2671 et seq.

 The negligence of the United States is admitted, so that the determination of this court relates solely to damages.

 The case was tried without a jury and the following findings of fact, conclusions of law and order are herewith entered.

 Findings of Fact

 1. The plaintiffs, Dale M. Green and Eileen M. Green, his wife, are individuals residing at 142 Green Drive, in the Borough of Pleasant Hills, Allegheny County, Pennsylvania.

 2. The defendant, the United States of America, was at all times pertinent to this matter operating a military installation in the Borough of West Mifflin, Allegheny County, Pennsylvania.

 3. At or about 9:10 A.M. on the morning of April 9, 1953, the wife plaintiff, Eileen M. Green, was operating a 1952 Mercury Monterey coupe owned by the husband plaintiff, Dale M. Green, along Lebanon Church Road in the Borough of West Mifflin, Allegheny County, Pennsylvania.

 4. At the same time and place, the said automobile was struck by a 2 1/2 ton truck owned by the United States, and operated by one of the soldiers of the said military installation in the scope of his office or employment. The force of the impact catapulted the Green automobile out of its own lane, completely across an intervening lane, and over into the far left-hand lane of a four-lane highway.

 5. The negligence of the United States is admitted.

 6. As a result of the said accident the wife plaintiff, Eileen M. Green, received certain physical injuries and the automobile of the husband plaintiff, Dale M. Green, was damaged. The damage to the said automobile of the husband plaintiff, Dale M. Green, is $ 650 which latter fact has been stipulated by counsel.

 7. The wife plaintiff, Eileen M. Green, is a housewife, age 34 years. Prior to the accident the wife plaintiff was in good health. She was employed, kept house, raised a child. Wife plaintiff did her own housework without help.

 8. The wife plaintiff was taken to Homestead Hospital immediately after the accident, examined, and released. Wife plaintiff could not move her head and neck the day after the accident. She had aches and pains in her head, legs, arms and back.

 9. The wife plaintiff was confined to her bed for a week following the accident. Pain over her whole body continued for a month in a severe state, and she was confined to her home for that month. During the first month she experienced difficulty in raising her head. She was unable to perform her household duties for one month and was ...


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