he would have earned at least an equal amount for 1959, 1960
and 1961. It is also reasonable to assume, based on the
evidence of increased earnings of painters, that he would have
earned approximately $5,695.00 in 1962 and that he would have
received a like amount each year thereafter during his working
life, which the court believes would continue to the age 65.
The court finds that his widow and heirs have been damaged
in the amount of income he would probably have provided to
them during his working life or for a period of 28 years.
As has been stated, Phillip Skinner would have earned
$5,813.00 from the date of his injury to the date of his death
except for the injury.
His widow testified that he retained approximately $10.00 a
week. The evidence did not establish the amount of income
which, although given to his wife, would have been utilized by
him in providing for his food, lodging, clothing,
transportation, recreation, etc. It is reasonable to assume
that a man employed as was Phillip Skinner would have utilized
40 per cent of his earnings, leaving the remaining 60 per cent
for the exclusive use of his wife and two children during the
minority of the children.
At the time of his death Phillip Skinner left two sons as
his only children and heirs-at-law, him surviving, who were 16
and 13 years of age respectively.
He would have provided approximately 60 per cent of his
earnings for the care and support of his wife and minor child
or children for approximately 8 years. The court also finds
that he would have utilized approximately 60 per cent of his
earnings after the youngest child attained legal age.
In order to determine the amount of loss suffered by the
next of kin of the decedent, the court added 5 per cent to the
amount of support he would have provided for the years prior
to trial, and for each year thereafter there has been deducted
an amount equal to 5 per cent per annum of the amount he would
have contributed had he lived. The court finds that the total
amount of earnings he would have contributed to his family in
the 28 working years is $40,633.00.
His burial expense was $829.00.
There was no testimony tending to show whether or not the
decedent performed chores around the home for his wife or that
he was mindful of his children and assisted in providing
instructions and guidance for them.
The evidence concerning pain and suffering was very meager.
However, considering that meager evidence, the court finds
that a reasonable amount to be awarded for pain and suffering
of the decedent from the date of injury until his death is
The evidence showed that he incurred medical expenses in the
amount of $13,460.25. This amount, however, was paid by
someone other than the decedent, or his widow, or his heirs,
and, therefore, may not be considered as damages to the
decedent, or his administratrix, or his heirs.
The court is aware that many of the statements herein have
been made on assumptions; but the testimony as to what the
decedent did during his lifetime, insofar as his home chores
were concerned and insofar as to what he did with the money
which he withheld from his paycheck, is extremely meager.
The court finds that the administratrix of the estate of
Phillip Skinner, deceased, should be awarded an amount equal
to the wages deceased would have earned from the date of
injury to the date of death (less workmen's compensation he
received), the amount of the funeral bill and interest on both
of said amounts at the rate of 5 per cent per annum from the
date of death to the date of judgment. This amount is
The court further finds that $33,193.00 should be awarded to
Mabel J. Skinner, as the widow of Phillip Skinner; that
$3,000.00 should be awarded to the eldest son of the decedent;
$4,440.00 should be awarded the youngest son of the decedent
— or $40,633.00 in the aggregate.
Judgment in the amount of $12,946.54 should be entered in
favor of Mabel J. Skinner, administratrix of the estate of
Phillip Skinner, deceased, and against the United States of
Judgment should be entered against the United States of
America in favor of Mabel J. Skinner in the amount of
$33,193.00, in favor of the eldest son of Phillip Skinner in
the amount of $3,000.00, and in favor of the youngest son of
Phillip Skinner in the amount of $4,440.00.
The above and foregoing are to be considered as findings of
fact and conclusions of law.
Parties to settle the order.
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