Karen Jean Hymer v. Benjamin K. Chal and Victoria Leilani Chai

Appellees Mr. and Mrs. Chai brought a diversity action in the Hawaiian District Court for damages resulting from a collision between a motorcycle driven by Mr. Chai and a car driven by appellant Mrs. Hymer. Mr. Chai sought $75,000 damages for personal injuries and damage to his motorcycle and Mrs. Chai claimed $7500 for loss of consortium. The jury returned a $48,000 verdict for Mr. Chai and a $5000 verdict for Mrs Chai.

Mrs. Hymer asserts several grounds for reversal, but only two need be discussed: (1) Did the court have jurisdiction to adjudicate the claim of Mrs. Chai for loss of consortium? (2) Did the court prejudicially err in failing to give Mrs. Hymer’s requested instruction concerning exercise of the right of way at an intersection? We have concluded that both issues must be resolved in favor of Mrs. Hymer and, therefore, both judgments must be reversed.

Mrs. Chai’s claim for loss of consortium

Mrs. Chai’s claim of $7500 damages for loss of consortium fell below the monetary minimum necessary to sustain federal diversity jurisdiction ( 28 U.S.C. § 1332 (a)), and no independent basis for federal jurisdiction existed. The District Court had no jurisdiction to entertain…