Bell v. Mykytiuk

KRAFT, District Judge.

Plaintiffs, husband and wife, claim damages arising from a motor vehicle collision. Jurisdiction is based on diversity of citizenship. Defendant filed a motion to dismiss the action of the wife plaintiff and to dismiss the claim of the husband plaintiff for consequential damages resulting from his wife’s injuries. The latter request is abandoned in defendant’s brief.

The motion to dismiss the wife’s action is based on the contention that her claim is not within the jurisdictional amount.

Resistance to the motion is upon the contention that, under the substantive law of…