In order to arrive at the amount which Mary T. Lusk,
administratrix of the estate of Pleasant M. Lusk, Jr.,
deceased, is entitled to, the average annual amount as set out
above has been computed, to which was added interest at the
rate of four per cent per annum to date, and for each year
thereafter there has been deducted an amount equal to four per
cent per annum of the amount which he would have contributed
had he lived and also the income tax which he would have been
required to pay; and the Court finds that the total amount of
earnings he would have contributed to his family is
The propriety of allowing prejudgment interest may be
questionable and debatable, but if the plaintiff is entitled
to damages because of the loss of her husband and the father
of her children, her financial loss began at the instance of
his death. The only way she can be made whole (if such is
possible under the circumstances) is to pay her the amount of
her loss immediately upon the happening or, otherwise stated,
to allow her interest from the date of the loss to the date of
the payment. This, in the opinion of the Court, is only fair
and reasonable. Therefore, the Court allowed pre-judgment
interest as above provided.
The Court further finds that Lusk would have provided care,
nurture, guidance and training to each of his children during
their minority. It is impossible to measure loss of love,
affection, care and training in dollars and cents, yet a
monetary value for such loss must be fixed, which the Court
does hereby find to be as to Judi Lusk the amount of
$5,720.00, as to Stephen Lusk the sum of $7,520.00, and as to
Sybil Lusk the sum of $7,520.00, which several amounts are due
and payable to the administratrix for the use and benefit of
the several minor children of the deceased in the amounts
It was stipulated that his funeral expense was $980.00.
There would, therefore, be due to the administratrix the sum
of $980.00 plus interest at the rate of four per cent per
annum to date, for a total of $1,215.20.
The Court finds that the aggregate damages to be awarded to
Mary T. Lusk, administratrix of the estate of Pleasant M.
Lusk, Jr., deceased, are $103,125.20.
Robert Anderson was born December 18, 1936 and at the time
of the accident was slightly over 18 years of age. He
commenced working for the petitioner on January 1, 1955 and
continued such work until the date of his death on March 24,
1955. During this period of time he had earned $628.99 from
work for the petitioner and had earned the sum of $45.38 from
other sources. He had previously been employed as a sawmill
worker, earning approximately $6.00 a day.
It was stipulated that the earnings of a deck hand on March
24, 1955 were $250.00 a month and that there had been
increases in deck hand wages at the rate of $25.00 per month
each year until the time of the trial so that at the time of
the trial in this cause a deck hand was being paid
approximately $425.00 per month.
Robert Anderson lived at home with his parents and his minor
brother when he was not away on the boat. His father testified
that he contributed about a third of his income toward the
support of his mother and father and his minor brother.
According to the testimony, he was a very industrious young
man and a conscientious worker.
His funeral bill was $1,058.91.
The Court finds that in all probability, based on the
testimony, Robert Anderson would have continued to contribute
to the support of his mother and father and minor brother for
approximately seven years had he not met his death and that in
all probability he would have contributed an average of
$1,000.00 per year toward such support. In arriving at the
amount to be awarded to Richard Anderson, administrator of the
estate of Robert Anderson, interest at the rate of four per
cent per annum from the date of death to the date of trial has
Damages in the amount of $7,840.00, including interest, are
hereby awarded for the death of Robert Anderson. Interest at
the rate of four per cent per annum on the amount of the
funeral bill from the date of death is added to the funeral
bill, making a total of $1,313.07. The Court further finds
that the aggregate amount to be awarded to Richard Anderson,
administrator of the estate of Robert Anderson, deceased, is
The above and foregoing shall be considered findings of fact
and conclusions of law.
Parties to settle the order.
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