Campbell v. United States

• Decision Date: 09 January 1948
• Docket Number: Civil Action No. 437.
• Citation: Campbell v. United States, 75 F.Supp. 181 (E.D. La. 1948)
• Parties: CAMPBELL v. UNITED STATES.
• Court: U.S. District Court — Eastern District of Louisiana

75 F. Supp. 181

CAMPBELL v.UNITED STATES.

Civil Action No. 437.

District Court, E. D. Louisiana, Baton Rouge Division.

January 9, 1948.

L. W. Brooks and Taylor, Porter, Brooks & Fuller, all of Baton Rouge, La., for plaintiff.

A. L. Ponder, Jr., Asst. U. S. Atty. of New Orleans, La., for defendant.

PORTERIE, District Judge.

Mrs. Evelyn Campbell, a widow, filed the captioned action under the Federal Tort Claims Act, 28 U.S.C.A. § 921 et seq., to recover from the United States Government the sum of $40,982.80, being $30,000 for her personal injuries, permanent disability, resulting pain and suffering and mental anguish, and $10,982.80 for her medical expenses ($1,963.70 incurred, $500 estimated), and estimated future nursing expenses for the rest of her life.She alleges in her complaint that on April 27, 1946 at approximately 10:30 P.M., while standing near the edge of the sidewalk on the north side of Convention Street between First and Lafayette Streets near the south entrance to the Heidelberg Hotel in the City of Baton Rouge, she was negligently run into and knocked down by a sailor who was being transported from the State of California to the City of New Orleans, or some point East under Government orders.

Mrs. Campbell, who was 63 years old when she filed suit, suffered injuries as will be set out in our findings of fact.

Findings of Fact.

1.Mrs. Campbell was seriously injured on April 27, 1946, about 10:30 P. M., when she was run into and knocked down by one of a group of sailors.

2.At the time, Mrs. Campbell was standing on the north side of Convention Street near Lafayette Street in Baton Rouge, Louisiana, about two or three feet from the south edge of the sidewalk and near the curb of the paved street.She was one of a group of five persons, namely, Mrs. Campbell, her daughter, Ruth Campbell, Emmett Webb, Harold M. Quinlivan and G. S. Stall, who were conversing on the sidewalk, near the street; the first three named had just finished dining at the Heidelberg Hotel, which is located on the northwest corner of Convention and Lafayette Streets in Baton Rouge, immediately by and at the very place of the accident.

3.There was a clear space of approximately eight or ten feet between this group and the south wall of the Hotel building for pedestrians to pass on the sidewalk.

4.The identity of the sailor who struck and knocked down Mrs. Campbell was not established but he was one of two groups of sailors consisting of 360 and 141 enlisted men being transported by train from points in the State of California to the City of New Orleans and points East under Government orders WMB 77661andWMB 77722.The train stopped in Baton Rouge from about 9:30 to 10:30 P. M. on April 27, 1946 to be iced and serviced.

5.The sailor who struck and knocked down the plaintiff was dressed at the time in the regulation uniform of an enlisted man.He was traveling under one of the aforesaid orders and was under the command of either Lt. J. G. David, M. Hysinger or Ensign Clifford A. Hemmerling.

6.At the time of the accident this sailor and a number of others were running together, somewhat in a bunch, to catch the very slowly-moving, departing train, in sight one block away.

7.As a direct and consequential result of the accident, Mrs. Campbell suffered personal injuries consisting principally of (a) a comminuted fracture of the lower end of the right radius involving the wrist joint, (b) a complete fracture of the neck of the right hip and (c) bruises and contusions.The fracture of the right radius united with marked deformity, which is permanent, and has left her right hand functionally impaired for the rest of her life.The fracture of the hip was reduced by traction and a Smith-Peterson nail was inserted by the surgeon, Dr. McHugh, in the bone to keep the fragments in position.There is now some absorption of the head and neck of the femur with questionable union of the fracture.Mrs. Campbell walks with a limp, using a crutch or stick for support.Her right knee and right ankle still swell.The chances of more improvement of her hip condition are about even, and it will be about four years before it will be known definitely whether or not this condition will further improve.She suffered excruciating pain for awhile following the accident and was in fear that she would not survive her injuries.After surgery, her pain became less severe, but she still suffers pain, though not continuously.

8.Her known expenses from the date of the accident to and including February 28, 1947, amount to $1,963.70.

After the filing of suit, she incurred additional medical expenses in the sum of $36.

In addition to the foregoing, Mrs. Campbell must undergo periodical examinations by Dr. McHugh and X-ray examinations of her...