8. Plaintiff's present condition will never greatly improve. The medical prognosis is a lifetime of severe attacks of muscle spasms of the neck accompanied by severe pain. The torticollis is incurable. The neck braces will have to be worn throughout plaintiff's life.
9. The accident of July 3, 1957, was a substantial factor in producing the symptoms of plaintiff from that date to the present, and in creating the present condition of plaintiff, together with her distressing prognosis.
10. The plaintiff Rita Denver is presently forty years old. She is partially permanenty disabled. The accident of July 3, 1957, was a substantial factor in causing the partial permanent disability.
Conclusions of Law
1. The Court has jurisdiction over the subject matter of the controversy because of the diversity of citizenship of the parties and because the amount in controversy, exclusive of interest and costs, exceeds $ 10,000. The Court has jurisdiction over the parties, that question having been judicially resolved by Chief Judge Ganey. (See Opinion of Judge Ganey, filed August 19, 1960).
2. The accident of July 3, 1957, was caused by the negligence of the defendant Catherine H. Forbes.
3. The plaintiff, Rita Denver, was not contributorily negligent.
4. The aforesaid negligence of the defendant Catherine H. Forbes was the proximate cause of the injuries sustained by plaintiff Rita Denver and the later development of her present physical condition.
5. The plaintiff, Rita Denver, is entitled to be compensated in damages for the following as they are attributable to the accident of 1597:
a. Past pain, suffering, and mental anguish from July 3, 1957. b. Future pain, suffering, and mental anguish. c. Permanent partial disability resulting in loss of life's pleasures.
6. The plaintiff, Richard Denver, is entitled to be compensated in damages for the following:
a. Past medical expenses incurred from July 3, 1957, for the treatment of his wife.
7. A reasonable award compensating the plaintiff Rita Denver for the above is $ 17,500.
8. A reasonable award compensating plaintiff Richard Denver for the above is $ 2,215.50.
An order may be submitted accordingly.
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