Sicilia v. Tassell

KIRKPATRICK, District Judge.

With considerable reluctance, I deny the defendant’s motion to dismiss for lack of jurisdictional amount. It is within the range of possibility that a jury would believe the plaintiff’s account of the amount of pain and suffering occasioned by this apparently trivial injury, in spite of the facts that she lost no time from her work and that her medical expenses consisted of a total of $4 for one visit to a physician. In the case cited by the defendant, Bell v. Mykytiuk, D.C., 135 F.Supp. 167 (decided by Judge Kraft), the deposition showed that the injury,…