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Gebbia v. Wal-Mart Stores, Inc.

United States Court of Appeals, Fifth Circuit
Dec 4, 2000
233 F.3d 880 (5th Cir. 2000)

Summary

holding that it was facially apparent from the plaintiffs complaint that the amount in controversy was satisfied where the plaintiff alleged damages for mental anguish, suffering, loss of wages, and medical expenses

Summary of this case from Menendez v. Wal-Mart Stores, Inc.

Opinion

No. 00-30386 Summary Calendar.

December 4, 2000.

Donald G. Cave, Cave Law Firm, Baton Rouge, LA, for Plaintiff-Appellant.

Thomas P. Anzelmo, Sr., Geoffrey Jacob Orr, Campbell, McCranie, Sistrunk, Anzelmo Hardy, Metairie, LA, for Wal-Mart Stores, Inc.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before JOLLY, STEWART and PARKER, Circuit Judges.


Plaintiff-Appellant Catherine Gebbia ("Plaintiff") appeals the district court's denial of her motion to remand. Because we find no error regarding the denial of her motion, we affirm.

BACKGROUND

Plaintiff brought this action on September 23, 1998, in the Twenty-First Judicial District Court of Louisiana, alleging claims arising from her injuries suffered in one of Defendant-Appellee Wal-Mart Stores, Inc.'s ("Defendant") stores in Hammond, Louisiana, on October 5, 1997. Plaintiff suffered her injuries when she went into the produce section of the store and slipped and fell in liquid, dirt, and produce on the floor. Plaintiff alleged in her original state court petition that she sustained injuries to her right wrist, left knee and patella, and upper and lower back. Pet. for Damages at 2, reprinted in R. Excerpts Ex. 2 at 2. Plaintiff alleged damages for medical expenses, physical pain and suffering, mental anguish and suffering, loss of enjoyment of life, loss of wages and earning capacity, and permanent disability and disfigurement. Id. at 4. Consistent with Article 893 of the Louisiana Code of Civil Procedure, which prohibits the allegation of a specific amount of damages, Plaintiff did not pray for a specific amount of damages.

Defendant removed this action to the district court on October 13, 1998, pursuant to diversity jurisdiction as provided by 28 U.S.C. § 1332. It is undisputed that the parties are completely diverse, as Plaintiff is a citizen of Louisiana and Defendant is a citizen of Delaware with its principal place of business in Arkansas. Defendant stated in its Notice of Removal that the $75,000 amount in controversy requirement was satisfied because Plaintiff's alleged injuries and damages, exclusive of interests and costs, exceeded that amount.

The district court scheduled this action for trial on March 20, 2000, and the parties proceeded with pre-trial discovery until March 2, 2000, when Plaintiff questioned the court's diversity jurisdiction by filing a motion to remand arguing that the $75,000 amount in controversy requirement was not satisfied. In the motion, accompanied by Plaintiff's affidavit, Plaintiff argued that due to continuing medical treatment of her injuries, Plaintiff was unable to confirm the amount of damages claimed. Plaintiff added that only after conducting discovery and receiving information from her treating physicians was she able to ascertain that the amount of claimed damages would be less than $75,000. In light of such information, Plaintiff argued that the amount in controversy was less than $75,000, and that the district court should remand this action for lack of subject-matter jurisdiction.

The district court denied the motion to remand on March 14, 2000, finding that the court had subject-matter jurisdiction because Plaintiff's petition at the time of removal alleged injuries that exceeded the $75,000 requirement. In the Revised Joint Pretrial Order filed on March 16, 2000, Plaintiff again disputed the court's jurisdiction because Plaintiff stipulated, based on medical evidence, that her claims did not amount to $75,000. Plaintiff then filed a motion to reconsider the district court's denial of her motion to remand in light of the stipulation, and re-urged the district court to remand for lack of subject-matter jurisdiction. On March 16, 2000, the district court denied Plaintiff's motion for reconsideration, restating its finding that because Plaintiff's claims at the time of removal alleged claims in excess of $75,000, the court was not inclined to reconsider its previous denial of the motion to remand.

Thereafter, this action was tried on March 20, and a jury found for Defendant on Plaintiff's claims. On March 22, the district court entered a judgment in favor of Defendant and dismissing Plaintiff's claims with prejudice. Plaintiff timely appealed the judgment, and now argues that the district court erred in denying her motion to remand.

ANALYSIS

We review a denial of a motion to remand de novo. Luckett v. Delta Airlines, Inc., 171 F.3d 295, 298 (5th Cir. 1999).

Any civil action brought in a state court of which the district courts have original jurisdiction may be removed to the proper district court. 28 U.S.C. § 1441(a). District courts have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interests and costs, and is between citizens of different states. Id. § 1332(a)(1). As noted above, Plaintiff is a citizen of Louisiana, and Defendant is a citizen of Delaware with its principle place of business in Arkansas, thus, the only issue on this appeal is whether the district court erred in deciding that the amount in controversy exceeded the sum or value of $75,000, exclusive of interests and costs.

We have established a clear analytical framework for resolving disputes concerning the amount in controversy for actions removed from Louisiana state courts pursuant to § 1332(a)(1). Luckett, 171 F.3d at 298. Because plaintiffs in Louisiana state courts, by law, may not specify the numerical value of claimed damages, 3 LA. CODE CIV. P. art. 893 (West Supp. 2000), the removing defendant must prove by a preponderance of the evidence that the amount in controversy exceeds $75,000. Id. The defendant may prove that amount either by demonstrating that the claims are likely above $75,000 in sum or value, or by setting forth the facts in controversy that support a finding of the requisite amount. Id. (quoting Allen v. R H Oil Gas Co., 63 F.3d 1326, 1335 (5th Cir.), reh'g denied, 70 F.3d 26 (5th Cir. 1995)); Simon v. Wal-Mart Stores, Inc., 193 F.3d 848, 850 (5th Cir. 1999).

This article provides in relevant part:

No specific monetary amount of damages shall be included in the allegations or prayer for relief of any original, amended, or incidental demand. The prayer for relief shall be for such damages as are reasonable in the premises.

Moreover, once the district court's jurisdiction is established, subsequent events that reduce the amount in controversy to less than $75,000 generally do not divest the court of diversity jurisdiction. St Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 289-90, 58 S.Ct. 586, 82 L.Ed. 845 (1938); see also Allen, 63 F.3d at 1336 (holding that once removal jurisdiction attached, a subsequent amendment of the complaint reducing the amount in controversy to less than the required amount cannot divest jurisdiction); 16 JAMES WM. MOORE ET AL., MOORE's FEDERAL PRACTICE § 107.41[2][c] (3d ed. 1999); 14C CHARLES ALAN WRIGHT, ARTHUR R. MILLER EDWARD H. COOPER, FEDERAL PRACTICE AND PROCEDURE § 3725 at 115 (3d ed. 1998). The jurisdictional facts that support removal must be judged at the time of the removal. Id. at 1335. While post-removal affidavits may be considered in determining the amount in controversy at the time of removal, such affidavits may be considered only if the basis for jurisdiction is ambiguous at the time of removal. Asociacion Nacional de Pescadores a Pequena Escala O Artesanales de Colombia (ANPAC) v. Dow Quimica de Colombia S.A., 988 F.2d 559, 565 (5th Cir. 1993), cert. denied, 510 U.S. 1041, 114 S.Ct. 685, 126 L.Ed.2d 653 (1994), abrogated on other grounds, Marathon Oil Co. v. A.G. Ruhrgas, 145 F.3d 211 (5th Cir. 1998). Additionally, if it is facially apparent from the petition that the amount in controversy exceeds $75,000 at the time of removal, post-removal affidavits, stipulations, and amendments reducing the amount do not deprive the district court of jurisdiction. St. Paul Mercury Indem., 303 U.S. at 292, 58 S.Ct. 586; ANPAC, 988 F.2d at 565; Allen, 63 F.3d at 1336; see also De Aguilar v. Boeing Co., 47 F.3d 1404, 1407 (5th Cir. 1995).

In this action, the district court properly denied Plaintiff's motion to remand. It is "facially apparent" from Plaintiff's original petition that the claimed damages exceeded $75,000. In Luckett, we held that the district court did not err in finding that the plaintiff's claims exceeded $75,000 because the plaintiff alleged damages for property, travel expenses, an emergency ambulance trip, a six-day stay in the hospital, pain and suffering, humiliation, and temporary inability to do housework after hospitalization. Luckett, 171 F.3d at 298. In Simon, we held, in distinguishing Luckett, that the district court erred in not remanding the action to the state court because the plaintiff's claims merely alleged less severe injuries and did not allege any injuries that would have supported a substantially larger monetary basis for federal jurisdiction than the injuries alleged in Luckett. Simon, 193 F.3d at 851. In this action, Plaintiff alleged in her original state court petition that she sustained injuries to her right wrist, left knee and patella, and upper and lower back. Plaintiff alleged damages for medical expenses, physical pain and suffering, mental anguish and suffering, loss of enjoyment of life, loss of wages and earning capacity, and permanent disability and disfigurement. Such allegations support a substantially larger monetary basis to confer removal jurisdiction than the allegations reviewed in Simon, and therefore the district court did not err in denying Plaintiff's motion to remand. Because it was facially apparent that Plaintiff's claimed damages exceeded $75,000, the district court properly disregarded Plaintiff's post-removal affidavit and stipulation for damages less than $75,000, and such affidavit and stipulation did not divest the district court's jurisdiction. St Paul Indem., 303 U.S. at 390, 58 S.Ct. 586; Allen, 63 F.3d at 1336.

AFFIRMED.


Summaries of

Gebbia v. Wal-Mart Stores, Inc.

United States Court of Appeals, Fifth Circuit
Dec 4, 2000
233 F.3d 880 (5th Cir. 2000)

holding that it was facially apparent from the plaintiffs complaint that the amount in controversy was satisfied where the plaintiff alleged damages for mental anguish, suffering, loss of wages, and medical expenses

Summary of this case from Menendez v. Wal-Mart Stores, Inc.

holding that it was "facially apparent" that the amount in controversy exceeded $75,000 where a petition sought damages for "injuries to [the plaintiff's] right wrist, left knee and patella, and upper and lower back"

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holding that similar allegations supported a monetary basis large enough to confer removal jurisdiction

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holding that the removing party must prove by a preponderance of evidence that the amount in controversy exceeds $75,000

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holding that a court may only consider a post-removal stipulation or affidavit if the basis for jurisdiction is ambiguous at the time of removal

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holding that district court did not err in finding that plaintiff's claims exceeded $75,000 when plaintiff alleged that she sustained injuries in a slip and fall accident to her right wrist, left knee and patella, and upper and lower back and claimed damages for medical expenses, physical pain and suffering, mental anguish and suffering, loss of enjoyment of life, loss of wages and earning capacity, and permanent disability and disfigurement

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holding that the court does not lose jurisdiction over diversity case that was properly removed if subsequent events reduce amount in controversy below jurisdictional threshold

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holding that the court does not lose jurisdiction over diversity case that was properly removed if subsequent events reduce amount in controversy below jurisdictional threshold

Summary of this case from Rivers v. Chalmette Med. Ctr. Inc.

holding that the court does not lose jurisdiction over diversity case that was properly removed if subsequent events reduce amount in controversy below jurisdictional threshold

Summary of this case from Samuel v. Universal Health Serv.

holding district court properly denied remand because plaintiff alleged "injuries to her right wrist, left knee and patella, and upper and lower back" as well as "medical expenses, physical pain and suffering, mental anguish and suffering, loss of enjoyment of life, loss of wages and earning capacity, and permanent disability and disfigurement."

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holding that post-removal affidavits can be considered in determining the amount in controversy if jurisdiction is ambiguous at the time of removal

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holding a post-removal affidavit and stipulation for damages below the statutory amount did not divest the district court of jurisdiction

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finding it "facially apparent that Plaintiff's claimed damages exceeded $75,000" where she alleged "injuries to her right wrist, left knee and patella, and upper and lower back" and claimed "damages for medical expenses, physical pain and suffering, mental anguish and suffering, loss of enjoyment of life, loss of wages and earning capacity, and permanent disability and disfigurement"

Summary of this case from Tull v. Pinnacle Entm't, Inc.

finding that the amount in controversy requirement was satisfied where the plaintiff alleged that her slip and fall resulted in severe physical injury, lost wages, lost enjoyment of life, and pain and suffering

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finding $75,000 amount in controversy requirement "facially apparent" from original petition that "alleged damages for medical expenses, physical pain and suffering, mental anguish and suffering, loss of enjoyment of life, loss of wages and earning capacity, and permanent disability and disfigurement"

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finding it facially apparent that damages sought in plaintiff's petition for medical expenses, physical pain and suffering, mental anguish and suffering, loss of enjoyment of life, loss of wages and earning capacity, and permanent disability and disfigurement exceeded $75,000

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finding claims for "injuries to her right wrist, left knee and patella, and upper and lower back," as well as "medical expenses, physical pain and suffering, mental anguish and suffering, loss of enjoyment of life, loss of wages and earning capacity, and permanent disability and disfigurement" supported removal jurisdiction

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concluding that plaintiff's unspecified damages, including permanent disfigurement as well as pain and suffering, satisfied the "facially apparent" inquiry

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concluding that, even in the absence of a numerical value of claimed damages, it was facially apparent that the plaintiff's claimed damages in a slip-and-fall lawsuit exceeded $75,000 when the plaintiff alleged wrist, knee, and back injuries and sought damages for medical expenses; pain and suffering; mental anguish; loss of enjoyment of life; loss of wages and earning capacity; and permanent disability and disfigurement

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Case details for

Gebbia v. Wal-Mart Stores, Inc.

Case Details

Full title:Catherine GEBBIA, Plaintiff-Appellant, v. WAL-MART STORES, INC.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 4, 2000

Citations

233 F.3d 880 (5th Cir. 2000)

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