Mitchell v. Great American Indemnity Co., Civ. A. No. 2789.
| Decision Date | 27 January 1950 |
| Docket Number | Civ. A. No. 2789. |
| Parties | MITCHELL et al. v. GREAT AMERICAN INDEMNITY CO. |
| Court | U.S. District Court — Western District of Louisiana |
Hargrove, Guyton, Van Hook & Hargrove, Booth, Lockard & Jack, Shreveport, Louisiana, for plaintiffs.
Garrett & Pleasant, Shreveport, Louisiana, for defendant.
Plaintiff sued in tort for injuries to himself and on behalf of his four minor daughters alleged to have been caused in a collision of motor vehicles. Defendant has excepted to the jurisdiction ratione materiae insofar as the claim on behalf of the minor, Barbara Jane, ten years of age, is concerned, contending that, on its face, the complaint discloses that the injuries could not possibly have amounted to as much as $3000.
The original petition as to this claim alleges:
"Barbara Jane for pain and suffering ........... $5,000.00"
After the plea to the jurisdiction was filed, counsel for plaintiff submitted an amendment alleging as follows:
The first question is as to whether these articles of the original and amended bills, presumably made in good faith, make certain that, in no event, could there be recovered in excess of $3000, the minimum jurisdiction of this court. At first blush there appears inconsistency between the allegations of the complaint and the amendment. However, it would be possible for the "injuries (to) have apparently healed and she has no scars" and there still be a "hema-toma and lump on her head * * * visible on August 24, 1949 * * * ten months after the accident * * *." It is further alleged in the amendment that the ...
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