Troupe v. C&S Wholesale Grocers, Inc.

Facts

Plaintiff filed a lawsuit in the State Court of Bibb County, Georgia, alleging that she was injured during a slip and fall on the premises of Defendant. Plaintiff alleged that she suffered severe physical injuries and excruciating, severe physical distress as a result of Defendant’s negligent inspection and maintenance of the property.  She sought damages for medical expenses in an amount “in excess of $ 13,637.00” and prayed for an additional award of “all damages allowed under Georgia Law including, but not limited to, recovery for special and general damages, including pain and suffering, both mental and physical, in the amount to be proven at the time of trial.” Plaintiff further sought to recover punitive damages, the cost of litigation, and “such other and further relief” as the court deemed just and proper. Defendant removed the case to federal court, invoking diversity jurisdiction. The notice of removal contained copies of Plaintiff‘s medical records that described the injuries. Plaintiff claimed that the injury aggravated a pre-existing back injury and complained of unrelenting pain for more than a year after the injury. Plaintiff claimed that the pain could not be controlled with medication. Additionally, the notice of removal contained evidence that Plaintiff was self-employed and was forced to reduce her workload of cleaning homes due to the injury. Plaintiff then moved the district court to remand the case back to state court.