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DAVIS v. GREEN

November 29, 1960

PATSY RUTH DAVIS AND WILLIAM E. DAVIS, PLAINTIFFS,
v.
J.B. GREEN, DEFENDANT.



The opinion of the court was delivered by: John E. Miller, Chief Judge.

In the complaint it is alleged that the defendant was guilty of negligence in the operation of his automobile in that he was driving at an excessive rate of speed, failed to have his automobile under proper control, and failed to keep a proper lookout. The plaintiff, Patsy Ruth Davis, seeks to recover for personal injuries allegedly sustained in the collision, and the plaintiff, William E. Davis, seeks to recover for damages to his automobile and medical expenses incurred in the care and treatment of his wife.

The defendant denies in his answer that he was negligent, and the case was set for trial to a jury on November 21, 1960. On that date the parties appeared in open court, waived trial by jury, and stipulated that the defendant, J.B. Green, was guilty of negligence in the operation of his car and that such negligence was a proximate cause of the collision and the injuries, if any, suffered by the plaintiffs.

The issue of damages was then tried to the court on November 21 and 22, 1960, and at the conclusion of the testimony the case was submitted. Counsel for the parties have submitted memoranda on the issue of damages, and they have been considered by the court, along with the testimony and the exhibits, and the court now makes and files herein its findings of fact and conclusions of law separately stated.

Findings of Fact

1.

The plaintiffs, Patsy Ruth Davis and William E. Davis, are citizens of Arkansas and residents of the City of Hope within the Western District of Arkansas. The defendant, J.B. Green, is a citizen and resident of Victoria, Texas. The amount in controversy is in excess of $10,000, exclusive of interest and costs.

2.

William E. Davis is 29 years of age and is an automobile dealer at Hope, Arkansas. Patsy Ruth Davis is 26 years of age and is the wife of William E. Davis. Mrs. Davis is a graduate of Henderson State Teachers College at Arkadelphia, Arkansas, and was employed as a school teacher in the Hope public schools from September 1958 through May 1960. On June 13, 1960, Patsy Ruth Davis was five months' pregnant. Mr. and Mrs. Davis have no other children.

3.

On June 13, 1960, William E. Davis was driving a 1960 Pontiac in a northerly direction along U.S. Highway 67, one and one-half miles north of the City of Arkadelphia, Arkansas. Mrs. Davis was a passenger in the car driven by her husband. At the same time the defendant, J.B. Green, was likewise driving his automobile, a 1960 Buick, in a northerly direction along the same highway. The Davis' car was traveling in front of the Green car, and the defendant drove his automobile into the rear of the Davis' car.

4.

Immediately after the collision both cars stopped. Patsy Ruth Davis was crying and complained of sharp pains in her neck and a headache. Some damage was done to the rear bumper and deck of the Davis' automobile. The Davises returned to Hope. Upon arising the next morning, Mrs. Davis was suffering more severe pains in her neck and was not able to turn her head. She contacted ...


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