ring finger with suture of flap into palm of left hand.
40. Plaintiff received outpatient treatment at the San Francisco United States Public Health Service through May 9, 1967.
41. Plaintiff was not declared fit for duty until May 9, 1967.
42. Following his injury, plaintiff was unable to secure work until September 29, 1967 because of poor shipping conditions.
43. Plaintiff's average monthly earnings including his basic minimum monthly wage, his compulsory overtime, and his average additional overtime, were in excess of $912.15, exclusive of war bonus.
44. Additionally, plaintiff's pension and welfare benefits were $208.20, holiday benefits were $15.52 per month, and vacation benefits were $78.65 per month, for a total economic gain of $302.37 per month, plus $912.15 which equals $1,214.52 per month.
45. During plaintiff's eight and one-fourth (8 1/4) months of total disability, he sustained economic and pecuniary losses in the amount of $10,019.79, exclusive of war bonus.
46. The condition of plaintiff's hand is such that it is stiff and is afflicted with cramps whenever he puts a strain on it or is required to work with small objects.
47. There is a fairly large branchlike scar on plaintiff's hand, a partially excised knuckle and an overall appearance of a clawlike hand.
48. Plaintiff's hand is often numb and becomes painful upon exposure to cold weather.
49. Plaintiff's work as a seaman often requires him to work with small objects and to grip objects with a large amount of force.
50. Plaintiff's work as a seaman often exposes him to cold weather.
51. As a result of the loss of his finger, plaintiff has experienced difficulty in performing the normal duties of a seaman, such as tying lines, handling lines, splicing wires, and climbing ladders, etc.
52. Plaintiff's impairment and disability, as described above, are a direct result and proximate cause of his accident and injury of January 3, 1967, and the failure of the ship's officers to render prompt and adequate medical care thereafter.
53. As a result of plaintiff's permanent impairment and disability, plaintiff suffers a permanent impairment to his future earning capacity.
54. Plaintiff's life expectancy, according to the Life Expectancy Tables of the United States Department of Health, Education and Welfare is 20.35 years.
55. Plaintiff has a work-life expectancy of 15.2 years.
56. Taking into account plaintiff's past educational and employment experiences, his past employment record as a merchant seaman for thirty-five years, his life expectancy of 20.35 years, and his work-life expectancy of 15.2 years, the permanent nature of plaintiff's injury of left hand and finger, and the degree of impairment disability and limitation that such injury places upon his potential future employment opportunities as a merchant seaman, computed at 12% of plaintiff's approximate annual remunerations, plaintiff's damages for future impairment of his earning capacity as a result of the injury sustained aboard the SS Denison Victory, after reducing the amount to its present value at 6%, are in the amount of $13,744.86.
57. Plaintiff is awarded the sum of $9,000 to compensate him for the dismemberment and the pain, suffering, discomfort, inconvenience and embarrassment that he has endured and will, in the future, endure as a result of his accident and injury of January 3, 1967, the method utilized for raking in the gangway and the subsequent failure of defendant to render prompt and adequate medical treatment.
58. Plaintiff is awarded damages in the total amount of $32,764.66 to compensate him for his dismemberment and for his past loss of earnings, his future impairment of earning capacity, and all the pain, suffering, discomfort, and permanent impairment, disability, and injury which he has endured in the past and will endure in the future as a result of his accident and injury of January 3, 1967, the method utilized for raking in the gangway and the subsequent failure of defendant to render prompt and adequate medical treatment.
CONCLUSIONS OF LAW
1. The Court has jurisdiction over the parties and the subject-matter.
2. The method used by the SS Denison Victory to rake in the port gangway in conjunction with the negligent failure to provide adequate and proper supervision, manpower, and equipment rendered the ship unseaworthy.
3. The SS Denison Victory was rendered unseaworthy by the negligent action of one of the crew members, which caused the gangway to suddenly surge against the side of the ship.
4. The SS Denison Victory was rendered unseaworthy by the failure of the shipowner to render prompt and adequate medical treatment to plaintiff's injured hand and finger.
5. Defendant was negligent, through its agents, officers, servants, and employees by failing to furnish sufficient supervising manpower and equipment for raking in the gangway, by causing the gangway to suddenly surge against the side of the ship, and by failing to render prompt and adequate medical treatment for plaintiff's injured hand and finger.
6. Plaintiff was not guilty of contributory negligence.
7. Defendant breached its non-delegable duty and obligation and failed to provide plaintiff with a reasonably safe place to work.
8. The injuries to plaintiff's left hand and his loss of the ring finger, with all of the attendant pain, suffering, discomfort, impairment and disability with which plaintiff has suffered and has been afflicted since January 3, 1967, up to and including the present time, and with which he will continue to suffer and be afflicted in the future, were directly and proximately caused as a result of the unseaworthiness of the SS Denison Victory, the negligence of the defendant, and the failure to provide plaintiff with a reasonably safe place in which to perform his duties.
9. A verdict is entered in favor of plaintiff and against the defendant in the amount of $32,764.66, plus interest and costs, including the costs of notes of testimony.
It is so ordered.
© 1992-2004 VersusLaw Inc.