Legal Opinion
Smith v. U. S. Fire Insurance
District Court, E.D. Wisconsin
Decided December 12, 1972No. Civ. A. No. 70-C-324Published
1Opinion of the Court
REYNOLDS, Chief Judge.
The defendants have filed a motion to dismiss the complaint for failure to meet the requisite jurisdictional amount of damages pursuant to 28 U.S.C. § 1332.1
The plaintiff’s damage claims are based upon injuries he allegedly suffered when defendant Van Dresser dove off a pier into Lake Geneva and struck the plaintiff. It is alleged that as a result of this collision the plaintiff sustained a contusion of the shoulder, a fracture of the nose producing a deviated septum, persistent headaches, and a permanent scar over the bridge of his nose.
The plaintiff’s special damage…
2Cases cited12 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Horton v. Liberty Mutual InsuranceSupreme Court of the United States · 1961
- Nelson v. KeeferCourt of Appeals for the Third Circuit · 1971
- Thelma M. Wade, as Administratrix of the Estate of Russell L. Smith, Deceased v. Dan Rogala, Doing Business as Rogala FisheriesCourt of Appeals for the Third Circuit · 1959
- Opelika Nursing Home, Inc. v. Elliott L. Richardson, Secretary of the United States Department of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1971
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