16 F.R.D. 128 (D.Del. 1954), Civ. 1590, Cohen v. Proctor & Gamble Distributing Co.

• Docket Nº: Civ. 1590.
• Citation: 16 F.R.D. 128
• Opinion Judge: LEAHY, Chief Judge.
• Party Name: COHEN v. PROCTOR & GAMBLE DISTRIBUTING CO.
• Attorney: Jacob Balick, Wilmington, Del., for plaintiff. W. Thomas Knowles (of Knowles & Allmond), Wilmington, Del., for defendant.
• Case Date: July 23, 1954
• Court: United States District Courts, 3th Circuit, District of Delaware

Page 128

16 F.R.D. 128 (D.Del. 1954)

COHEN

v.

PROCTOR & GAMBLE DISTRIBUTING CO.

Civ. No. 1590.

United States District Court, D. Delaware.

July 23, 1954

Action for injuries allegedly sustained as result of plaintiff's contact with defendant's soap product or detergent which remained in plaintiff's pajamas after they had been washed. Defendant moved to dismiss complaint for lack of jurisdictional amount or, in alternative, for order requiring plaintiff to produce evidence of damages exceeding $3,000 at special pre-trial hearing. The District Court, Leahy, C. J., held that hearing upon defendant's motion to dismiss complaint for lack of jurisdictional amount would be postponed until after all plaintiff's evidence of damages had been introduced at the trial of case, since determination of such issue could involve going into merits of case.

Motion denied with leave to renew.

Page 129

Jacob Balick, Wilmington, Del., for plaintiff.

W. Thomas Knowles (of Knowles & Allmond), Wilmington, Del., for defendant.

LEAHY, Chief Judge.

Alleging diversity, jurisdictional amount, and personal injuries from use of defendant's detergent, ‘ Cheer’, plaintiff demands a jury trial and $100,000 in damages in his complaint.

It is alleged defendant Proctor & Gamble sold in Wilmington a soap product or detergent— ‘ Cheer’ — to customers for washing clothing to be worn by human beings; plaintiff bought a box of ‘ Cheer’ ; later he donned a pair of pajamas which had been laundered in ‘ Cheer’ . Plaintiff claims after this he had a heavy rash over his body, ‘ with the exception of his lower legs, and especially over his back, said rash having been caused by contact with the ‘ Cheer’ washed pajamas with plaintiff's skin, some of the ‘ Cheer’ still remaining in the fabric of said pajamas.' ‘ A heavy rash’, ‘ a severely painful aching’, and ‘ an extreme tired, dragged out feeling’ were specified in the complaint as the resulting personal injuries which incapacitated plaintiff for approximately two weeks. Defendant moved to dismiss the complaint for lack of jurisdictional amount, or in the alternative for an order on plaintiff to produce evidence of damages exceeding $3,000 at a special pretrial hearing. Defendant asserts, so far as it can learn, plaintiff's medical expenses did not exceed $40, no permanent injuries were alleged or suffered, medical treatment was received on only...