Removal to Federal Court: Damages Exceed $75,000

Plaintiff filed suit in Louisiana state court seeking damages for injuries allegedly sustained when she slipped and fell while entering a Home Depot. Home Depot subsequently removed the case to the United States District Court for the Western District of Louisiana based on diversity jurisdiction. Plaintiff sought to remand the case back to state court, arguing that the value of her claim did not exceed the $75,000.00 jurisdictional threshold.

In opposing the motion, Home Depot pointed to plaintiff’s discovery responses and medical records in support of the amount in controversy. Notably, plaintiff’s discovery responses indicated that she suffered a variety of injuries and presented to at least eight doctors as a result of the accident. Similarly, in reviewing plaintiff’s Petition for Damages, the Court noted that plaintiff alleged “severe and disabling injuries to her head, back, neck, right shoulder, right arm/hand, and stomach” and prayed for six categories of damages.

Accordingly, the Court concluded that due to the volume of medical treatment and plaintiff’s requests for damages, the claim exceeded the $75,000.00 threshold. Plaintiff’s motion to remand was denied.

Beaudeaux v. Home Depot U.S.A., Inc.

Patrick J. Babin