TROUPE V. C&S WHOLESALE GROCERS, INC.
2009 WL 1938787 (M.D. Ga 2009)
NATURE OF THE CASE: Troupe (P) moved to remand on grounds that the amount in controversy
in the present case does not exceed the minimum amount required by Title 28 U.S.C.
1332(a)(1) and that this Court therefore lacks subject matter jurisdiction.
FACTS: P slipped and fell on premises owned and operated by C&S (D). P asserts that she
suffered 'severe physical injuries' and 'excruciating and severe physical distress' as a
result of D's negligent inspection and maintenance of its premises. P sued in state court
seeking damages for medical expenses in an amount 'in excess of $13,637.00' and prays for an
additional award of 'all damages for special and general damages, including pain and
suffering, both mental and physical, in the amount to be proven at the time of trial.' P
also sought punitive damages, the cost of litigation, and 'such other and further relief as
this court deems just and proper.' D filed a notice of removal. P then filed the present
motion seeking remand and an award of payment of just costs, actual expenses, and attorney
fees incurred.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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