the foot. There was also X-ray evidence of a transverse fracture of the proximal third of the shaft of the right fibula, without displacement of the fragments.
In addition to his numerous and permanently disabling orthopedic injuries, and by them induced, in the opinion of a competent neuropsychiatrist, libellant suffered shock and an anxiety reaction with a conversion hysteria.
I find that libellant suffered the foregoing numerous, severe and continuingly painful and permanently disabling injuries as a proximate result of the fall of the cargo boom hereinabove referred to.
At the time he was injured on January 2, 1954, libellant, Crumady, was 42 years of age, and had been employed as a longshoreman for eight years previously. I find from the evidence that he suffers a degree of permanent disability which has prevented and will continue to prevent his resuming that occupation. His gross wages for 1953 were $ 4,070.45 (according to Internal Revenue Service Forms W-2 marked L-6 in evidence). Letter of May 8, 1956 to libellant's attorneys from James F. Hughes, Manager of the General Actuarial Division of The Prudential Insurance Company of America, marked exhibit L-46 in evidence, indicates that libellant at age 43 had an expectation of life of 25.03 years (based upon the United States Life Mortality table for non-white males, to which category libellant belongs). The Actuary further states in his letter that the 'present value' of $ 1 per annum at 3% compound interest, is $ 15.9302, from which he computes, upon the assumption of weekly earnings of $ 70 less taxes, or annual earnings of $ 3,640, that it would require a capital fund of $ 57,985.93, invested at 3% compound interest, to produce $ 70 a week for such expectancy. I conclude that it is improbable that libellant would have continued to earn $ 70 a week throughout his life expectancy. At the time of the trial libellant required a cane to assist him in getting about and still suffered pain at certain injury sites in varying degrees of intensity at irregular intervals. Despite the absence of specific evidence so indicating, my observation of libellant and consideration of the nature and degree of his permanent disability leads me to judicially notice the probability that he can still engage in some type of gainful occupation which does not involve heavy manual labor. Under all of the circumstances, therefore, I believe that a principal sum of $ 25,000 is a fair amount to award libellant on account of past and future losses of earnings.
Additional items of special damages are medical and hospital expense, as well as taxi fare for trips to and from hospitals as an outpatient, from June 1 to December 10, 1954 (thrice weekly at $ 2 per round trip). Libellant's care and treatment at St. James Hospital in Newark involved an expense of $ 2,411.25, and that at the Presbyterian Hospital in the same City (for outpatient treatments) totalled $ 590.90 -- a grand total for hospital expense and related transportation of $ 3,162.15.
In addition to these charges, libellant required treatment by Charles H. Edwards, M.D., at a cost of $ 1,005. Dr. Herman Lohman, M.D. who treated libellant from May 1955 until February 1956 at his office, rendered a bill in the amount of $ 510 (including X-rays necessarily taken by him), and this physician was of the opinion that the persistence of pain at the site of the comminuted fractures of the left tibia and fibula extending into the ankle joint could probably be terminated by a fusion at the ankle joint, which the Doctor estimated would require hospitalization of from three to three and one-half weeks and the wearing of a cast for from three to three and one-half months, physiotherapy and post-operative care. The Doctor's estimate of cost for this surgical intervention and attendant expense totalled $ 850. Thus I reach a total for medical expense of $ 2,365.
Libellant was still completely disabled at the termination of his treatment by Dr. Edwards, who was of the opinion that he would require considerable further treatment. This he received at the hands of Dr. Lohman and in the form of physiotherapy as a hospital outpatient. Dr. Lohman found libellant completely disabled for heavy work at the time of the trial and that he had achieved maximum possible improvement except for the recommended fusion operation. For his pain, suffering, temporary and permanent disability I believe, therefore, that the libellant is entitled to the sum of $ 25,000.
I therefore award libellant $ 55,527.15 against claimant Joachim Hendrik Fisser, as owner of respondent vessel Joachim Hendrik Fisser, and award judgment in a like amount in favor of said claimant, Joachim Hendrik Fisser by way of indemnification and in exoneration of the liability of said vessel, against respondent-impleaded, Nacirema Operating Co. Inc.
The foregoing opinion shall constitute the Court's findings of fact and conclusions of law in this case, and an order for the judgments awarded hereby may be presented in accordance herewith.