the surrounding displays as bearing on the question of wife plaintiff's contributory negligence. The defendant objected to this part of the charge and urges this as trial error in seeking a new trial. We do not feel that the wife plaintiff's conduct was so clearly negligent that there is no room for fair and reasonable disagreement as to its existence. She walked into the store along a main aisle with her husband and two children. The store was crowded. While going along the main aisle her attention was attracted to the display of hats on the counter to her left and she turned into the side aisle alongside the counter to examine them because she was interested in buying a hat. It was shown that the low table was visible to persons coming along the main aisle and turning into the side aisle as wife plaintiff had done, and she admitted on cross-examination that she did not see it. In the narrow side aisle, after examining the hats on the counter, she turned to the dress rack on the other side. From here the low table would not be visible, being obscured by the dresses. She then took a few steps toward the main aisle to rejoin her husband and children intending to go to the curtain department, when her foot caught on the corner of the low table at the intersection of the side aisle and the main aisle. We feel that this factual situation presents the matter of her contributory negligence to the jury, and we think that the facts properly called for instructions on the 'attractive display' doctrine. The jury may properly have drawn the inferences from the evidence that the plaintiff failed to see the low table at the time when she was in a position to see it because at that very time her attention was drawn to the display of hats to the extent that she turned from her passage along the main aisle with her family to the side aisle to examine the hats more closely. It was just before the Easter season and we feel that such a display at such a time would constitute an almost irresistible attraction for any woman shopper. We think that these facts properly called for submission of the question of plaintiff's contributory negligence to the jury under a charge explaining the elements of contributory negligence and allowing the consideration of the 'attractive display' doctrine.
'Contributory negligence will be declared as a matter of law only where it is so clear that there is no room for fair and reasonable disagreement as to its existence * * *. If reasonable doubt exists as to the inferences that may be drawn from the oral evidence, then it must be submitted to a jury. * * *' Seng v. American Stores Co., 384 Pa. 338, at p. 345, 121 A.2d 123, at p. 127 (1956).
Defendant also urges as grounds for a new trial that the verdict is excessive. Wife plaintiff received a verdict for $ 8,000. Her injuries consisted of bruises, contusions, and abrasions, and a strain of the lower back. She received three weeks of daily medical treatments, including physio-therapy and cortisone injections, and thereafter was troubled by low back pain from time to time and had further medical and x-ray examinations. She may be subject to recurrent back pains and has been instructed to avoid bending, stooping, and lifting. This has made her nervous lifting. This has made her nervous and irritable. We feel that this argument Rosenberg, J., in Ramsey v. Mellon National Bank & Trust Co., 231 F.Supp. 1 (D.C.1964):
'It could be that if I were the trier of the facts the amount of damages that I might have awarded would have been different but that determination was placed in the hands of the jury and it was properly the one to make a determination of the damages. * * * The jury had before it evidence of pain, suffering and inconvenience of the wife-plaintiff. * * * I cannot say that the amounts awarded by the jury to the plaintiffs are unreasonable under the circumstances.' (p. 6).
We are more concerned here with the question of the jurisdictional amount required in a diversity case. Clearly husband plaintiff's damages are limited, and the verdict was in his favor in the amount of the medical bills, $ 450. His cause of action for damages resulting in his wife's injuries is a separate cause of action, independent of his wife's claim, and must by itself meet the jurisdictional amount. Under the evidence produced in this case we are convinced that the damages of husband plaintiff could not, with reasonable certainty, have reached the jurisdictional amount. Sobel v. National Fruit Product Co., 213 F.Supp. 564 (D.C.E.D.Pa.) (1962). We will therefore grant defendant judgment N.O.V. with respect to the verdict awarded husband plaintiff. Under the present status of the decisions with respect to claims of plaintiffs for unliquidated damages for personal injuries we do not feel that free to make the same determination with respect to the wife plaintiff's claim.
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