Opinion
Case No. 1:19-cv-876
04-29-2019
BRIAN BUTLER, Plaintiff, v. RYDER TRUCK RENTAL, INC., et al., Defendants.
OPINION & ORDER
[Resolving Doc. 5] :
This case concerns an automotive accident. Plaintiff Brian Butler sued in Ohio state court, claiming he suffered property damages, towing and storage expenses, medical expenses, physical pain, mental anguish, emotional distress, and lost wages.
Doc. 1-1 ¶ 1.
E.g., id. ¶ 3.
Defendants Ryder Truck Rental, Inc. and David W. Dunn removed here under the Court's diversity jurisdiction. Butler now seeks to remand the case to state court.
Doc. 1.
Doc. 5. Defendants oppose. Doc. 6.
The Court has jurisdiction over suits between citizens of different states, where the amount in controversy exceeds $75,000. Here, there is no dispute that the parties are citizens of different states, only whether the amount in controversy is met.
Doc. 5 at 3 ("Plaintiff concedes that the first element, diversity, likely exists in the instant case.").
When a case is removed from state court, the Court presumes the plaintiff's claimed damages are correct. However, where the plaintiff seeks indeterminate damages, the defendant may demonstrate by a preponderance of the evidence that the case is worth more than $75,000.
Freeman v. Blue Ridge Paper Prod., Inc., 551 F.3d 405, 409 (6th Cir. 2008).
Halsey v. AGCO Corp., 755 F. App'x 524 (6th Cir. 2018); Naji v. Lincoln, 665 F. App'x 397, 400 (6th Cir. 2016).
Here, Butler seeks "an amount exceeding" $25,000 in compensatory damages and "an amount exceeding" $25,000 in exemplary damages. Thus, the Court presumes the case is worth at least $50,000. Defendants must show the remaining $25,000.01.
Doc. 1-1 at 6.
They have done so by demonstrating that Plaintiff's compensatory damages greatly exceed $25,000. According to Defendants, discovery reveals $47,694.32 in medical bills alone. That amount would not include Plaintiff's lost wages, property damages, towing expenses, or pain and suffering. And, in the Court's experience, these other damage categories are likely to exceed the $2,305.69 needed to hit the statutory threshold.
Doc. 6 at 3.
See Halsey, 755 F. App'x at 527-528. --------
Considering Plaintiff's documented medical expenses, his requested punitive damages, and the likely value of his other claimed damages, the Court concludes the amount in controversy exceeds $75,000. Thus, the Court DENIES Plaintiff's motion to remand.
IT IS SO ORDERED. Dated: April 29, 2019
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE