Williams v. Food Giant Supermarkets, Inc.

Full title: KATHERINE WILLIAMS, Plaintiff, v. FOOD GIANT SUPERMARKETS, INC., Defendant

Court: United States District Court, N.D. Mississippi, Delta Division

Date published: Jun 22, 2006

Civil Action No. 2:05CV138-P-B (N.D. Miss. Jun. 22, 2006)

Opinion

Civil Action No. 2:05CV138-P-B.

June 22, 2006

ORDER

W. PEPPER JR., District Judge

This matter comes before the court upon Plaintiff's Motion to Remand [7-1]. Upon due consideration of the motion and the response filed thereto, the court finds as follows, to-wit:

For the same reasons discussed in Griffin v. Dolgen Corp., Inc., 143 F.Supp.2d 670 (S.D. Miss. 2001), which this court adopts and incorporates herein, the court concludes that the instant motion to remand should be denied. Indeed, the plaintiff has pointed to no mandatory authority that specifically holds that a store manager can be held personally liable in a slip-and-fall case without any evidence of personal knowledge or participation in the circumstances leading up to the fall. Accordingly, the court concludes that the defendant has met their burden in demonstrating that there is no reasonable possibility of recovery against the store manager in this case.

IT IS THEREFORE ORDERED AND ADJUDGED that:

(1) Plaintiff's Motion to Remand [7-1] is DENIED; and

(2) All of the plaintiff's claims against Michael Randle are DISMISSED WITH PREJUDICE.

SO ORDERED.