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TITUS v. SMITH

July 30, 1971

Kathleen E. TITUS
v.
Howard T. SMITH and Richard J. Smith


Hannum, District Judge.


The opinion of the court was delivered by: HANNUM

HANNUM, District Judge.

 Presently before the court is plaintiff's action for damages for personal injuries sustained in an automobile accident. After trial and due consideration in this matter, the court makes the following:

 FINDINGS OF FACT

 1. The plaintiff is Kathleen E. Titus *fn1" who is a citizen of the Commonwealth of Pennsylvania.

 2. The defendants are Howard T. Smith and Richard J. Smith who are citizens of the State of New Jersey.

 3. Plaintiff instituted this action on December 29, 1966; defendants were served by registered mail on January 27, 1967; and a default judgment was entered against both defendants for failure to plead or otherwise answer on March 13, 1968.

 4. Defendant Howard T. Smith filed a motion to set aside the entry of default on January 7, 1970, which motion was denied on September 23, 1970. Titus v. Smith, 51 F.R.D. 224 (E.D. Pa. 1970).

 5. On October 31, 1966, plaintiff was a healthy girl of twenty-one years, a senior at Beaver College who had enjoyed such varied activities as swimming, hockey, horseback riding, painting, playing the piano, travelling, sewing, target practice and theatre. She was a good student majoring in Mathematics and looked forward to teaching in high school. After graduation she planned to marry the defendant in this case. Plaintiff had had no serious illnesses nor did she suffer from any disfigurement or handicaps.

 6. On October 31, 1966, plaintiff was a passenger in an automobile operated by defendant Richard J. Smith and was severely injured when that automobile struck a tree.

 7. As a direct and proximate result of the accident, plaintiff suffered the following injuries:

 a. Loss of consciousness.

 b. Multiple lacerations of the face.

 c. Marked edema and ecchymosis about the face and in the ...


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