United States District Court for the Eastern District of Pennsylvania
321 F. Supp. 1331 (1970)
At the age of 20 years, Marilyn Heym sustained serious, irreversible injuries in a collision with a car driven by an employee of the United States Department of the Army. Alvin Frankel (plaintiff), who was Marilyn’s guardian, and Mary Heym (plaintiff), who was Marilyn’s mother, instituted a negligence suit against the United States (Government) (defendant) under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., seeking damages for lost earnings, personal injuries, and medical expenses. Evidence was presented regarding Marilyn’s earning capacity through the age of 65 years, which was $125,000. Evidence was also presented regarding Marilyn’s pain and suffering, including (1) responding to painful stimuli while comatose or semi-comatose; (2) recognizing family while being unable to communicate with them; (3) frequently falling with no ability to break the fall; (4) feeling pain from her arm, prosthesis, and therapy; (5) experiencing uncontrollable outbursts and resulting feelings of regret; and (6) having an inability to engage in her prior art career or horseback-riding hobby. Among the items of damages sought were future hospitalization and private institutional care, as Marilyn was expected to live out her life expectancy of 54.7 years and would require personalized institutional care throughout her life. Frankel argued that the award for future institutional care should reflect inflation and should not be reduced to its present worth. The Government argued that the award for future institutional care should not be a lump sum, but rather should create a trust fund from which disbursements would be made. The Government further argued that this award should be reduced to its present worth.
Rule of Law
Holding and Reasoning (Sheridan, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.