Burns v. Anderson

502 F.2d 970 (1974)

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Nature of the Case

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Facts

P's automobile was struck amidships by D. P suffered a broken thumb. P claimed $1,026.00 in lost wages and medical expenses and another $60,000.00 for pain and suffering. The District Judge dismissed only after examination of an extensive record. This record included the testimony of three doctors who treated P, as well as his own deposition. The accident occurred on May 26. The evidence is without contradiction that by the middle of August, only very minimal disability remained. By December, even this minor condition had disappeared. P testified that he took a job as a carpenter's assistant on June 21 or 22 -- less than a month after the accident. P did heavy manual labor for the remainder of the summer with absolutely no indication of any difficulty with his thumb. It is equally clear that any pain he suffered was not of very great magnitude or lasting duration. P admitted that by the end of July, there was no pain whatsoever. The only medication he ever received was a single prescription on the day of the accident for Empirin, a mild aspirin compound. P's total medical bills were less than $250.00. Lost wages were claimed to be $800 but could not have been more than $300 at P's rate of pay that summer. The court dismissed the action for lack of jurisdiction as there was no way P would get $10,000 in damages.