Action on Requests
The Facts and the Law as stated in the foregoing Opinion shall be deemed Findings of Fact and Conclusions of Law.
In addition, I affirm plaintiff's Requests for Findings of Fact Nos. 1-7 incl., 8 as modified by substituting 'iodized oil' for 'radiopaque material', 9-18 incl., 20-43 incl., 45-48 incl., 50-52 incl., 54-65 incl., 67-76 incl., 77 as modified so that the first sentence shall read: 'Plaintiff's disabilities, which were proximately caused by the negligence of defendant, also have interfered and now interfere with the conduct and pursuit of his private practice as an attorney in the following respects:', and 78-85 incl.
I deny plaintiff's Requests for Findings of Fact Nos. 19 to the extent not otherwise covered, 44, 49, 53 and 66.
I affirm plaintiff's Requests for Conclusions of Law Nos. 1-4 incl.
I affirm defendant's Requests for Findings of Fact Nos. 1-5 incl., 6 as modified by correcting the name of the institution to 'Southern Division of the Albert Einstein Medical Center of Philadelphia', 7-22 incl., 23 as modified by substituting 'but did not find any objective evidence' for 'and were unable to find objective evidence', 24, 27 as modified by inserting 'necessarily' after 'does not', 38 as modified by adding at the end of the sentence: 'from the maxillary sinus', 40, 42, 48, 50-52 incl., 55 as modified by inserting 'completely' before 'disabled' and eliminating the remainder of the sentence after the words 'functioning as an attorney', 58, 62-63 incl., and 66 with the limitation that the present value of future payments has been computed at a rate of 4% Per annum.
I deny defendant's Requests for Findings of Fact Nos. 25, 26, 28-37 incl., 39, 41, 43-47 incl., 49, 53-54, 56-57, 59-61 incl., and 64-65.
I affirm defendant's Request for Conclusion of Law No. 1.
I deny defendant's Requests for Conclusions of Law Nos. 2, 3 and 4, and alternate Requests 1 and 2.
And now, June 17, 1964, the Court finds defendant, United States of America, negligent and the plaintiff, Nathan Carl Schwartz, free from contributory negligence and assesses damages in favor of plaintiff and against defendant in the amount of $ 725,000.