Dale v. Hardy

HANNA, Judge.

The issue the parties present us is whether the federal court had subject matter jurisdiction of a wrongful death action and what apportionment should be made to appellant, Kevin Dale, for the damages awarded for the death of his child. These unusual questions have found their way into this court by reason of these facts.

A daughter, Mikki, was born to Kevin and Maria Dale (present name, Maria Dale Hardy). After their divorce, custody of the child was given to the mother. Mikki visited with her father on occasion and following one of those visits developed a stomach disorder. Mrs.…