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KURTZ v. DRAUR

June 17, 1977

Janice N. KURTZ, Admx. of the Estate of William R. Kurtz, Deceased
v.
Ronald A. DRAUR, Individually and Ronald A. Draur, P.C. (a professional corporation)



The opinion of the court was delivered by: GREEN

 CLIFFORD SCOTT GREEN, District Judge.

 Plaintiff is a Pennsylvania citizen and administratrix of the estate of her husband. She has filed this medical malpractice action against the defendant, who is a Nebraska citizen. Plaintiff has also sued the professional corporation which employs the defendant doctor. Jurisdiction is based on diversity of citizenship, pursuant to 28 U.S.C. ยง 1332.

 The complaint alleges that on October 23, 1974, plaintiff's husband suffered sudden pain in the low retrosternal area. He was admitted to the Nebraska Methodist Hospital by Dr. Draur, who on October 29, 1974 attempted a left heart catheterization, aortic root angiography and selective coronary angiography. The complaint further alleges that Dr. Draur was negligent in a number of respects, including but not limited to, making an improper diagnosis, failing to obtain another medical opinion from appropriate medical specialists and failing to adequately follow-up the treatment and care of the decedent. *fn1"

 There are no allegations in the complaint regarding the residency of plaintiff and her husband at the time of his treatment in Nebraska. The complaint simply states that the plaintiff and her two children survived the decedent and are residents of Pennsylvania. Also, the complaint contains an allegation that damages greatly exceed $10,000.

 Presently pending before the Court are defendants' motion to dismiss for lack of personal jurisdiction pursuant to F.R.Civ.P. 12(b)(2) and for plaintiff's alleged failure to comply with F.R.Civ.P. 8(a)(1). Plaintiff opposes the motion to dismiss; alternatively, plaintiff requests that the Court transfer the case if it finds that the action cannot be maintained in this district. For the reasons stated hereinafter, defendants' motion to dismiss is denied; we grant plaintiff's alternative motion to transfer.

 I

 Defendants argue that the complaint fails to state any basis for the court's subject matter jurisdiction over plaintiff's claims. Defendants argue further that pursuant to F.R.Civ.P. 8(a)(1), the complaint must be dismissed. Rule 8(a)(1) provides:

 
(A) Claims for Relief. A pleading which sets forth a claim for relief . . . shall contain (1) a short and plain statement of the grounds upon which the court's jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it . . .

 Plaintiff responds that the basis of the Court's jurisdiction is clearly stated in paragraphs 1 and 2 of the complaint.

 F.R.Civ.P. 84 provides, "the forms contained in the Appendix of Forms are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate." Form 2(a) in the Appendix of Forms provides this model for alleging jurisdiction founded on diversity of citizenship and amount: *fn2"

 The allegations contained in paras. 1, 8(a) of plaintiff's complaint *fn3" are sufficient to meet the requirements of Rule 8(a)(1). Accordingly, defendants' motion to dismiss the complaint for failure to appropriately ...


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