The opinion of the court was delivered by: MARSH
At the trial of this diversity action, the jury returned a verdict in favor of the plaintiff, George F. Kim, and against the defendant, Michigan Ladder Company (Michigan), in the sum of $ 10,000.00, and a verdict in favor of Michigan as third-party plaintiff and against Keystone Floors, Inc. (Keystone), Kim's employer and the third-party defendant, for contribution to the extent allowed by law. Judgments were entered on the verdicts. Michigan paid Kim $ 9,975.00, and the judgment against it was satisfied.
Michigan now moves the court to alter and amend the judgment for contribution in its favor against Keystone to a sum certain which it contends in its proposed findings, as corrected, should be $ 2,490.82, plus one-half the costs. We think the motion should be granted.
From the evidence adduced at trial and at the hearing on the motion, the court makes the following
1. This action was brought on October 23, 1959, by Kim against Michigan to recover damages for personal injuries sustained in an accident which occurred on January 15, 1959, on the premises of Keystone, while he was engaged in the performance of his duties as an employee of Keystone. At the time of the trial, Kim was 45 years old.
2. On July 27, 1960, Michigan as third-party plaintiff filed a complaint against Keystone as third-party defendant alleging that Keystone's negligence was the cause of plaintiff's damages, and demanding 'judgment against third-party defendant, Keystone Floors, Inc., for all sums that may be adjudged against defendant, The Michigan Ladder Company, in favor of plaintiff, George F. Kim.'
3. At the conclusion of the trial in this case, the jury returned a verdict in favor of the plaintiff in the sum of $ 10,000.00 against the defendant, and returned a verdict in favor of Michigan as third-party plaintiff and against the third-party defendant for contribution to the extent allowed by law. Judgments were entered on the verdicts.
4. The judgment in favor of the plaintiff was satisfied when Michigan paid plaintiff the sum of $ 9,975.00 and the costs of the trial.
5. Prior to the accident, the plaintiff had been employed by Keystone on a fixed salary basis of $ 110.00 per week as a warehouse superintendent and salesman, and his job required him to lift and move merchandise, to supervise eight other employees, to climb ladders, to unload trucks, to conduct inventories, all of which required eight to ten hours of work per day, much of which was conducted on his feet.
6. As a result of the accident, the plaintiff sustained a comminuted fracture of the os calcis of the right foot, and became afflicted with traumatic arthritis of the subastragular joint of his right foot which has been progressive in nature.
8. As a result of the accident, the plaintiff has sustained a 50 per cent disability which continues to the present time. Cf. Cunningham v. Alex Guerrina & Sons, 188 Pa.Super. 288, 146 A.2d 318 (1958).
9. Because of the disability resulting from the accident, the plaintiff was unemployed for a period of 35 weeks from May 1, 1959, to January 1, 1960, during which time he contracted for occasional jobs involving the installation of carpet which he performed with the help of two other persons, and he received net income therefrom for that period of $ 600.00, averaging approximately $ 150.00 per quarter.
10. Because of the disability resulting from the accident, the plaintiff was unemployed for a period of 50 weeks from January 1, 1960, to December 15, 1960, during which time he contracted for occasional jobs of installing carpet which he performed with the help of two other ...