Opinion
Norman Ashton Klinger, Philadelphia, Pa., for plaintiff.
Edwin S. Moore, III, Philadelphia, Pa., for defendants.
FINDINGS OF FACT, CONCLUSIONS OF LAW and ORDER
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 who is a citizen of the Commonwealth of Pennsylvania.
Since the institution of this suit, plaintiff has married and her name is now Kathleen Titus Faul.
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:
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, sightseeing, 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.