DAVIS, District Judge.
The matter now before the court is the defendant's motion for judgment n.o.v. or in the alternative for a new trial.
The plaintiff was a seaman and member of the crew on the S.S. Gulfprince, owned by the defendant. He contended that the vessel was unseaworthy and the defendant negligent because of serious injuries he sustained when the boatswain assaulted him on June 15, 1959. The case proceeded to trial and the jury returned a verdict in favor of the plaintiff in the amount of $126,000.
The defendant now asserts four grounds to sustain his post trial motions. Three of the contentions are clearly without merit and will not be discussed. The one remaining question is whether the court erred in permitting the jury to consider the permanent total disability of the plaintiff as an element of damages. At this stage the defendant does not deny that the plaintiff sufficiently connected his impairment to the injuries aboard the S.S. Gulfprince. It contends only that there was no medical testimony even from the plaintiff's physician indicating that the injuries sustained were of a permanent nature.
The court has carefully reviewed the testimony of Dr. Dillon, the plaintiff's medical expert, and concludes that there was sufficient evidence of a permanent condition to warrant the jury's consideration of this factor in assessing damages.
The plaintiff was injured in June 1959 and the trial occurred in February 1965, over five and one-half years later. During this period, Dr. Dillon examined the plaintiff five times, and on each occasion, he noticed a deterioration in the plaintiff's medical state. His testimony is replete with such statements as, "He is slipping each time I see him" or "This man, as I keep saying, is deteriorating psychologically with each time I see him."
He also testified as to the permanency of Mr. Lawrence's condition as follows:
Q. "Doctor, what is the prognosis for Mr. Lawrence? * * *
A. "* * * My prognosis so far as Mr. Lawrence is concerned is very grave. This man is seriously ill at the present time with a severe anxiety neurosis, and also there are certain indications that he is beginning to have breaks with reality, that he is beginning to misinterpret facts, and at the present time he is verging on a psychosis, and psychosis is the most severe form of mental illness, where the patient loses touch with reality * * *.