m. Subconjunctival rupture of the globe of the left eye with hemorrhaging into the eye, loss of the lens, vision limited to occasional light perception with the best visual acuity being finger counting at three inches with no hope of further visual improvement. Continued discomfort of the left eye.
n. Both eyes tear uncontrollably due to destruction of the tear ducts.
o. The nose runs uncontrollably and the plaintiff's sense of smell and taste has been altered.
p. Upper left central incisor crown fractured to gum line with nerve exposure; upper right lateral incisor edge of crown missing; malocclusion leading to extraction of posterior teeth; possible degeneration of nerves leading to future loss of teeth.
q. Multiple facial scars with the most prominent being on the nose and left forehead; quarter-inch scar on the right knee; three-inch scar on the left hip; prominent longitudinal scar over the trachea; disfigurement of the eyes which appear uneven, the prosthetic right eye is immobilized; the left eye is clouded. Disfigurement of the nose which appears too short and abruptly upturned causing the nostrils to appear prominent.
r. Persistent headaches and pains which proceed from the base of the skull, reach around the temples and move across the forehead. These headaches continue weekly and last for one to three days.
8. As a result of injuries sustained in the accident, plaintiff now suffers from nightmares of a violent nature which cause a loss of sleep.
9. As a result of injuries sustained in the accident, many of the pleasures in life which were formerly enjoyed by plaintiff have been lost to her, for example, playing the piano, painting, sewing, sight-seeing, archery, swimming and driving.
10. As a result of the injuries sustained in the accident, plaintiff experienced great pain and suffering.
11. In pursuit of rehabilitation, plaintiff has been caused to incur extensive medical expenses, expenses for vocational training and expenses for specialized tools and equipment and other necessities because she is blind. Many of these expenses will continue for the remainder of her life.
CONCLUSIONS OF LAW
1. This court has jurisdiction by virtue of the fact that there is diversity of citizenship and the amount in controversy exceeds $10,000.00, exclusive of interest and costs. 28 U.S.C. § 1332.
2. Defendants Richard J. Smith and Howard T. Smith are liable to plaintiff for damages as a matter of law, a default judgment having been entered against them.
3. Based on the testimony and other evidence adduced at trial, plaintiff is entitled to damages in the amount of $350,000.00.