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.
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
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.
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.
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