25. Plaintiff has had no earnings since August 3, 1963.
26. As a further result of the accident plaintiff has been compelled to move from Philadelphia to San Diego, where he is presently under the care of the U.S. Public Health Service.
27. Plaintiff had previously been hospitalized for allergic rhinitis in the U.S. Public Health Hospital in Baltimore, Maryland, and on one occasion in the U.S. Public Health Service Hospital in Staten Island, N.Y.
28. In the year 1962 plaintiff earned $5,347.72.
29. In the five years preceding 1963 the plaintiff sailed approximately three months per year on the average.
30. In view of the sporadic work record of plaintiff during these five years, we find that plaintiff's average earnings for that period would have been $3,000 per year.
31. Plaintiff has suffered lost earnings for five years and nine months in the total amount of $11,250.00.
32. The rate of pay for able bodied seamen has increased and will continue to increase, and plaintiff will suffer a future loss of earning power of $4,500 per year for a working expectancy of 30 years having a present value at 3 1/2% of $82,664.00.
33. Plaintiff has sustained no medical expenses to date and has not sustained his burden of proving that he will suffer any such expenses in the future.
34. Plaintiff is entitled to compensation for past and future pain, suffering and inconvenience in the amount of $20,000.
Conclusions of Law
1. This court has jurisdiction over the parties and the subject matter of the action.
2. Defendant was under a duty to supply plaintiff with a seaworthy vessel.
3. Defendant was under a duty to use reasonable care to supply plaintiff with a reasonably safe place to work.
4. The defendant's vessel was unseaworthy in that the vessel and its appurtenances were not reasonably adequate for the purposes intended.
5. Defendant was negligent in failing to exercise reasonable care to supply plaintiff with reasonably safe equipment and a reasonably safe place to work.
6. Defendant's negligence and the unseaworthiness of the defendant's vessel were the proximate cause of plaintiff's injury and present condition.
7. The plaintiff was not guilty of contributory negligence.
8. Defendant is liable to plaintiff.
9. Plaintiff is entitled to judgment in the amount of $113,914.00.
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