Thinna v. United States

234 F. Supp. 588, 1964 U.S. Dist. LEXIS 7299
CourtDistrict Court, E.D. South Carolina
DecidedOctober 21, 1964
DocketCiv. A. Nos. 8108, 8109
StatusPublished
Cited by1 cases

This text of 234 F. Supp. 588 (Thinna v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thinna v. United States, 234 F. Supp. 588, 1964 U.S. Dist. LEXIS 7299 (southcarolinaed 1964).

Opinion

SIMONS, District Judge.

These two actions were brought by plaintiffs, husband and wife, pursuant to Title 28 U.S.C.A. § 1346 [b], Federal Tort Claims Act, to recover for personal injuries and property damages resulting from a motor vehicle collision. The cases were consolidated and tried before me in Charleston, South Carolina, on July 30, 1964.

In their respective complaints plaintiffs allege that on July 25, 1962 they were proceeding in a northerly direction on Highway #17 toward Charleston from Jacksonboro riding in Eugene’s 1956 Buick automobile, which he was driving with Naomi as a passenger in the front seat; that when they reached a point approximately 3 miles north of Edisto River a Chevrolet truck owned by defendant and driven by one of its agents and employees in the U. S. Marine Corps, while in the scope of his lawful duties, struck said Buick automobile in the left rear, causing it to veer and run off the highway into a deep ditch where it overturned several times; that, as a direct and proximate result of the negligent and reckless operation of the said Chevrolet truck by the agent of defendant, plaintiffs suffered severe, painful, and permanent personal injuries, and the said Buick automobile was a total loss.

At the beginning of the trial, the Government admitted liability, stipulated that it was negligent in the operation of its vehicle, and that such negligence was the sole proximate cause of the accident.

Thus, the only issues for determination by the court were the nature and extent of the injuries sustained by the plaintiffs as a result of the accident, and the amount of damages to be awarded to each plaintiff.

Based upon the evidence and credible testimony, and in compliance with Rule 52 [a] of the Federal Rules of Civil Procedure, I find the facts specially and state my conclusions thereon, in the above entitled causes, as follows:

I. As to plaintiff, Eugene Thinna:

His 1956 Buick two-door sedan was a total loss. Prior to the accident the car was clean, in good condition, and had a fair market value of $595. After the accident the car had a salvage value of $50. I therefore find that he has suf[590]*590fered property damage in the sum of $545.

In the accident, .plaintiff was thrown out of his car, and suffered the following personal injuries: Fracture of the second cervical vertebra accompanied by severe pain, tenderness and spasms in his neck and shoulders, leaving some limitation in lateral bending; abrasion of the outer left leg and foot, leaving a disfiguring scar; contusions and bruises over his head, body and limbs; narrowing of the interspace between second and third cervical vertebrae in the neck.

He was hospitalized in MeClennan Banks Memorial Hospital for a period of 21 days; during this time his neck injuries required that he be kept in cervical traction for ten days. He was also required to wear a steel neck brace day and night for a period of 65 days to immobilize his head and neck. His leg and foot injuries, which were quite painful, have completely healed and are in no way disabling at the present time.

Plaintiff was discharged from the hospital on August 15, 1962, at which time he was still wearing the aforesaid neck brace. He continued to receive treatment for neck injury and pain thereafter. On October 3, 1962, he developed severe pain in his left lower abdomen which was diagnosed as a spastic colon associated by tenderness, indigestion and constipation, resulting from anxiety reaction and shock attributable to the accident.

In July 1964, plaintiff was last seen and examined by his attending physician, Dr. O. S. Reeder. At that time he was still suffering from some residual effects of his said injuries including pain, stiffness and soreness in neck and shoulders, shortness of breath, difficulty in sleeping, and abdominal and anxiety symptoms consistent with the spastic colon. He continues to tire more quickly and cannot exert himself physically for extended periods as he could before he was injured. He will continue to have neck pain and require medical care and attention in the future.

These residual injuries are of a permanent nature. As a result thereof, plaintiff has sustained a general bodily disability of 15% which has permanently reduced his earning capacity. At the time of the accident, plaintiff was 48 years of age, and according to the South Carolina Mortuary Table 1, he had a life expectancy of 22.88 years.

, Prior to the accident plaintiff was a self-employed small farmer and mechanic, and he also occasionally supervised field workers for others. From the date of the accident until about January 1963, he was temporarily totally disabled; and he was thereafter partially disabled until about July 1963. Because of such disabilities, he sustained some loss of income during this period, but the evidence. is not sufficiently definite for the court to compute with any degree of accuracy the amount of his monetary loss. Such amount is so conjectural or speculative, that I am unable to find any special damages in this regard.

Mrs. Mae Tillman, sister of plaintiff Naomi Thinna, took care of plaintiffs’ three children for 19 weeks, from July 25, 1962 to November 26, 1962, in her home near Cottageville, South Carolina; she provided food, lodging, medical attention, nursing, and transportation for visitation purposes to Charleston while plaintiffs were in the hospital. She also cared for plaintiff Naomi Thinna from the date of her release from the hospital on September 26, 1962 to November 26, 1962, providing her lodging, meals and nursing care. Such care was necessitated by plaintiffs’ injuries, and Mrs. Tillman is entitled to be paid for such services. She has submitted a bill for the reasonable value of such services in the sum of $800, which I consider to bé fáir and reasonable.

Plaintiff hás incurred medical, doctors’ and hospital bills for himself in [591]*591the amount of $884.80, and for his wife in the amount of $1893.78.

Because of the nature and extent of the severe injuries suffered by his wife he lost completely her services, society and companionship during her hospitalization and subsequent convalescence in her sister’s home; he lost partially such services thereafter during her recovery for the remainder of 1962 and until she returned to her former occupation in February 1963. Because of the injuries sustained by his wife in her vagina and pelvic area, he has lost the physical [sexual] consortium of his wife since the accident, and this loss has continued to the date of the trial. In view of the nature and extent of her injuries, it is reasonable to assume that such loss of physical consortium will continue indefinitely into the future.

II. As to plaintiff, Naomi Thinna:

In the accident, she sustained the following serious, painful and permanent injuries: Severe sprain of the neck; deep abrasion of the lower lip; displacement of right lower incisor tooth; fractures of left 9th and 10th ribs; com-minuted fractures of both rami of the left pubic bone or pelvis; fracture of the sacrum at the juncture of S-3 and S-4 vertebrae; laceration of the vagina 2 inches in length; and a 2 centimeter separation of the symphysis pubis.

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234 F. Supp. 588, 1964 U.S. Dist. LEXIS 7299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thinna-v-united-states-southcarolinaed-1964.