just to the right of the marked portion of the channel. Plaintiff Schickram accompanied him seated to his left. The night was clear with excellent visibility.
12. Upon approaching the bridges in the 14th Street area at approximately 10:00 p.m., Petersen cut his throttle to half speed or about 15 miles per hour. The plaintiff passed under the two bridges downstream to the Center Highway Bridge without incident. Petersen then approached the Center Highway Bridge to the right of the middle of Span 10.
13. At the last instant before impact, plaintiff Petersen noticed the presence of defendant's barge obstructing the passage under Span 10. The Petersen boat then struck the barge head-on and the impact rendered both Petersen and Schickram unconscious.
14. As noted above, the speed of Petersen's boat was fifteen miles per hour immediately prior to collision and the Court finds that this speed was excessive and immoderate due to the conditions of darkness, harsh shadows under the bridge, the construction area and possible debris in the Potomac River, all of which conditions were known or should have been known to the plaintiff Petersen prior to the collision.
15. The Court also finds that plaintiff Petersen failed to keep a proper and efficient lookout in an area where conditions of darkness, shadows and construction were known or should have been known to exist.
16. As to the defendant Head Construction Company, the Court finds that defendant's barge was obstructing the passage under Span 10 by occupying 93 feet of the 133 feet wide passage.
17. The Court finds that nothing in the language of the job specifications even purports to exempt floating equipment of the defendant contractor from the ordinary rules and regulations pertaining to vessels on navigable waters.
18. The Court is unable to make a finding with respect to the oral permission allegedly secured from the Harbor Police authorizing the placing and positioning of the defendant's barge. The Court does find, however, that any such permission would have been premised on an inadequate description of the location, manner and time of the mooring and therefore of no effect.
19. The Court finds that the defendant did not obtain authorization for the mooring from either the Army Corps of Engineers or from the U.S. Coast Guard.
20. The Court finds that a Mr. Horvath, the job inspector from the District of Columbia government, approved the mooring of defendant's barge under Span 10. The Court also finds, however, that said permission was conceded by Mr. Horvath to be beyond his competence and authority.
21. The Court finds that defendant's barge was not equipped with the standard white light as prescribed for vessels at anchor by Article 11 of the Rules of the Road, 33 U.S.C. § 180.
Plaintiff Schickram Damages
22. As a proximate result of the accident in question, plaintiff Schickram suffered a mild cerebral concussion, laceration above his left eyebrow, bruises of his knees, chest and hip. In addition, he suffered from disorientation and confusion as well as head pains.
23. Plaintiff's head laceration has left a scar but this can be substantially remedied by surgery. Whatever disfigurement which remains after surgery is his only permanent injury.
24. Plaintiff Schickram's actual medical expenses amount to $116.55 whereas his estimated future medical expenses approximate $900.00.
25. Plaintiff Schickram has suffered no diminution of his future potential earning capacity. Nor has this plaintiff suffered any loss of income due to his injury.
Plaintiff Petersen Damages
26. As a proximate result of the accident in question, plaintiff Petersen suffered three fractures to his jaw, i.e., fracture of the mandible symphysis, fracture of the right condyle mandible and fracture of the left condyle mandible. In addition, he suffered a laceration of the left auditory canal and a small chin laceration.
27. After appropriate treatment, Petersen has regained the normal use of his jaw for the purposes of eating, speaking and appearance. Jaw movement or mobility, however, has not been completely restored. Forward protrusion of the lower jaw has been impaired. Lateral movement of the jaw is not equal as a result of a restriction on movement to the right side.
28. These changes in jaw movement and changes in physical formation have resulted in a concomitant change in the plaintiff's "embouchure" which in turn adversely affects Petersen's ability to play the trumpet or any other wind instrument. This handicap in playing wind instruments is due to the loss of muscle control and sensitivity in the lips, realignment or change in jaw formation, and facial muscular control in the mouth, all of which Petersen has sustained as a result of the injuries incurred in this accident.
29. As a result of his injuries Petersen was hospitalized approximately three weeks during which time he experienced considerable pain and anxiety. He also spent three weeks recuperating after release from the hospital before returning to the Navy band for clerical duties.
30. As a further result of the injuries he sustained in this accident, Petersen has been unable to perform in the Navy band and has been relegated to the job of copyist for the band. The copyist's job is to transcribe by hand musical scores for each of the different instruments. He remained at his same pay level, currently $8,712.00 per annum. Petersen's expected future income from the Navy is $9,680.40 per annum.
31. Plaintiff Petersen had the potential to earn a substantial salary as a professional musician and this potential is denied him as a result of this accident. The Court finds $15,000 per annum as the average salary that Petersen could have expected as a professional trumpet player over the course of his expected life span. This figure specifically takes into consideration the highly competitive nature of the profession which makes future income predictions very speculative.
32. As of June, 1972, Petersen's work expectancy to age sixty-five was 39 years. The Court therefore computes plaintiff Petersen's damages due to his loss of earning capacity as follows:
(a) Future impairment of earning capacity: $15,000 less $9,680 equals $5,320 lost income. Multiplied by 38 years of future work expectancy, this amounts to a loss of $202,160.00, reduced to present value at 6% = $78,980.72.
(b) Impairment of past earning capacity is computed at $15,000 less $8,700 current salary, or $6,300.