Bernstein v. Buccaneer, Inc.

ORDER

Plaintiffs herein, Alfred S. Bernstein and Lenore Bernstein, have filed suit herein for damages which they have allegedly suffered as a result of an accident when they both fell from a retaining wall on defendant’s premises. The suit contains two counts, one for the husband, Mr. Bernstein, and one for his wife. One count, for damages claimed by Mrs. Bernstein, is in the amount of $5,000. In the second count Mr. Bernstein claims damages of $10,000. The matter presently before the court is a motion to dismiss filed by defendant wherein it claims that since the total amount sued for is in…