Anna H. Matthiesen v. Northwestern Mutual Insurance Company

TUTTLE, Chief Judge.

This appeal presents the unusual question whether the trial court erred in dismissing a personal injury damage suit for want of jurisdictional amount to sustain federal jurisdiction.

The plaintiff, a seventy-eight year old woman, while walking on the sidewalk in New Orleans alongside a private school playground, was struck by a football, causing her to lose her balance and fall. As a result of the fall she received a fracture of the upper left humerus. The fracture was treated by physicians at the Ochsner Clinic in New Orleans, by the use of “sling and swath.” The arm was…