6. The defendant was negligent in removing Gary Smith from the locked ward and granting open privileges to him on January 17, 1973 since Gary Smith had exhibited impulsive behavior at about 3:30 P.M. January 10, 1973 and the standard of care of the medical community at that time would have required of him that he be free of impulsive behavior for at least two weeks, since on prior occasions as noted in defendant's hospital records Gary Smith had been free of impulsive behavior for only 6 days and had thereafter reverted again to impulsive behavior.
7. The act of Gary Smith in stepping before a train on January 17, 1973, which act resulted in his death, was an impulsive act, and should have been protected against.
8. Gary Smith regularly engaged in impulsive behavior while a patient at Coatesville V.A. Hospital in December, 1972 and January 1973, and defendant was on notice of his impulsive acting out.
9. It was common knowledge in the medical community at all times material to this action that the impulsive behavior of Gary Smith carried with it a risk of homicidal or suicidal action on his part.
10. The defendant was negligent in failing to note Gary Smith did not return to the hospital at 4:30 P.M. when his sign out privileges ended. If he had been missed at that time and a prompt search instituted, he might have been found and returned to the locked ward prior to his death at 5:00 P.M. He was not noticed as missing until 5:30 P.M.
11. At all times material to this action the defendant acted by and through duly authorized servants, agents and employees.
12. The plaintiffs are awarded the sum of $11,644.00 representing the past difference in veterans benefits which would have been received by Gary Smith's family had he not died, and those benefits received subsequent to his death. No reduction is made for decedent's maintenance as this figure would have been negligible due to his frequent hospitalizations.
13. The plaintiffs are awarded the sum of $12,108.00 representing the future difference in veterans benefits received by Gary Smith's family had he lived, and the benefits received subsequent to his death. These benefits are reduced to present value at a rate of 6%.
14. Plaintiffs are awarded the sum of $1500.00 for the funeral bill.
15. Plaintiffs are entitled to judgment against the defendant, United States of America, in the amount of $25,252.00 plus costs.
JOHN MORGAN DAVIS, S.J
AND NOW, this 27th day of September, 1977, it is ORDERED that Judgment be and the same hereby is entered in favor of the plaintiffs, Elmira Smith, et al., and against the defendant, United States of America, in the amount of $25,252.00, plus costs.
BY THE COURT: / JOHN MORGAN DAVIS. S.J.