Obney v. Schmalzreid

OPINION

WEBER, District Judge.

In this diversity action plaintiffs are a foreign guardian of a Pennsylvania minor suing for personal injuries to the minor and the minor’s parents seeking to recover medical expenses paid on account of the minor’s injuries from the accident. Defendant is a Pennslyvania citizen. No diversity exists between the plaintiff parents and defendant.

Defendant’s Answer denies diversity jurisdiction. The Fifth and Sixth Defenses of said Answer allege that the plaintiff, Genevieve Obney, as a foreign guardian of the injured minor, is without authority to maintain the action…