SMITH v. UNITED STATES OF AMERICA et al
| DANIEL SMITH |
| UNITED STATES OF AMERICA, MOHAMMAD N. DOWLUT, M.D., ROBERT SCOTT, M.D., ANNASHAE CORPORATION, MERCY MEDICAL IMAGING ASSOCIATES, P.C. and SCOTT D. MARLOWE, M.D. |
| 3:2009cv00249 |
| September 21, 2009 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Blair |
| Kim R. Gibson |
| Plaintiff |
| 28 U.S.C. ยง 1346 Wrongful Death |
| Plaintiff |
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Filing
110
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER - upon the Court having made the foregoing findings of fact and conclusions of law, IT IS HEREBY ORDERED as follows: Judgment shall be entered in favor of Plaintiff and against Defendant in the amoun t of $3,749,424.70 for damages to Brandon McClain under the Pennsylvania Wrongful Death Act, 42 Pa.C.S. § 8301. Judgment shall be entered in favor of Plaintiff and against Defendant in the amount of $75,069.75 for damages to Daniel Smith under the Pennsylvania Wrongful Death Act, 42 Pa.C.S. § 8301. Judgment shall be entered in favor of Plaintiff and against Defendant in the amount of $225,050 for damages to the estate of Mary Ann Smith under the Pennsylvania Survival Act, 42 Pa.C.S. § 8302. A hearing will be held on August 9, 2012, at 1:30 p.m. regarding the establishment of a reversionary trust for the purpose of allocating Brandon McClain's medical expenses. The parties are permitted to submit mem oranda to the Court, not to exceed 20 pages, containing proposals as to the establishment and administration of said trust. These submissions are due by August 3, 2012, and as more fully stated in said Findings of Fact and Conclusions of Law and Order. Signed by Judge Kim R. Gibson on 7/23/2012. (dlg)
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