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KUDIRKA v. FAIRMAN

June 21, 1957

Anthony KUDIRKA, Plaintiff,
v.
Earl FAIRMAN, Defendant



The opinion of the court was delivered by: WATSON

The plaintiff, Anthony Kudirka, instituted this action to recover damages for injuries received in a motor vehicle collision which, he alleges, was caused by the negligence of defendant Earl Fairman.

The case was tried before the Court without a jury. From the legal evidence and the stipulation filed the Court makes the following

 Findings of Fact

 1. Shortly before midnight on February 5, 1954, Anthony Kudirka, the plaintiff, was operating a 1952 International truck in an easterly direction upon a three-lane public highway near Berwick, Pennsylvania, known as United States Route 11.

 2. Earl Fairman, the defendant, was operating a motor vehicle in the opposite direction upon the same highway.

 3. The vehicles operated by plaintiff and by defendant collided on the southerly side of Route 11 at or near the point of intersection of Route 11 and Pennsylvania Legislative Route 19117. Route 19117 intersects Route 11 at an angle of approximately forty-five (45) degrees and runs generally in a northeast to southwest direction.

 4. At the time of the collision the weather was clear and the surface of the road was dry.

 5. Immediately prior to the collision, defendant attempted to make a left turn from Route 11 into Route 19117. He had almost completed the turn when his vehicle was struck by the vehicle operated by Kudirka.

 6. Kudirka was unable to avoid the collision despite his violent effort to do so.

 7. Immediately prior to the accident, Fairman was proceeding at a speed of approximately ten (10) miles per hour and Kudirka was traveling at a speed of approximately forty (40) miles per hour.

 8. Fairman turned across the highway when such movement could not be made in safety because of the approaching vehicle operated by Kudirka.

 9. Earl Fairman was negligent in the operation of his motor vehicle at the time of and just prior to the accident and that negligence was the proximate cause of the collision and resulting injuries and damages to the plaintiff, Anthony Kudirka.

 10. Anthony Kudirka was not negligent in the operation of his motor vehicle.

 11. As a result of said collision, Anthony Kudirka suffered extensive and serious injuries including a fracture of the femur of the left leg, fracture of the left mandible, deep chin laceration, other lacerations and abrasions, contusions and thrombophlebitis which later developed from the aforementioned injuries. Said injuries required hospitalization of plaintiff in the Berwick Hospital, Berwick, Pennsylvania, and in the Geisinger Memorial Hospital, Danville, Pennsylvania. Additional hospitalization of plaintiff was required ...


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