King v. Samuels et al

Filing 13

ORDER AND REASONS: The Court is satisfied that the jurisdictional minimum requirement has been met. Signed by Judge Helen G. Berrigan on 07/22/2013.(kac, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

LAUREN KING

CIVIL ACTION

VERSUS

NO. 13-4993

MORGAN SAMUELS, SCOTT
SAMUELS, METLIFE INSURANCE
COMPANY, AND GEICO INSURANCE
COMPANY

SECTION “C” (2)

ORDER AND REASONS1
The Court ordered the parties to file memoranda directed to the issue whether the
jurisdictional minimum existed at the time of removal and to provide affirmative proof. Rec. Doc.
6. The parties submitted memoranda. Rec. Doc. 7; Rec. Doc. 9. For the following reasons, the Court
is satisfied that the jurisdictional minimum requirement has been met.
After being involved in an automobile accident, Plaintiff was transported via ambulance to
Tulane Medical Center, and the cost totaled $775.00. Rec. Doc. 7-1, Exh. 1, p. 2. At Tulane, the
Plaintiff received treatment and x-rays for a sprain of her right ankle, an intermediate laceration to
her left knee, and upper back pain. Rec. Doc. 7-2, Exh. 2, p. 21. The Plaintiff required general
anaesthesia, seven staples on her left knee, additional treatment, and a 23 hour recovery admission
in the hospital. Rec. Doc. 7-5, Exh. 5, p. 13. While hospital medical records are included in the
record, no hospital bill has been submitted. Rec. Doc. 7-2, Exh. 2. New Orleans Healthcare Center
performed MRI scans and ultrasounds of Plaintiff’s right ankle and left knee, which revealed tears

1

Kayla Lawrence, a second-year student at Tulane University Law School, assisted with
the preparation of this Order and Reasons.

in several tendons in her ankle, hemorrhage and edema in her ankle and knee, and thinning and
degeneration of the bones in her knee. Rec. Doc. 7-3, Exh. 3, p. 3-5. The charges from New Orleans
Healthcare during the period from the accident to December 2012 total $2,124.00. Id. at 12.
Additionally, Magnolia Diagnostics Inc., which charged Plaintiff $1,380.00, diagnosed extensive
hemorrhage and edema in Plaintiff’s ankle and determined that her ankle suffered several tears to
various ligaments. Rec. Doc. 7-4, Exh. 4, p. 2, 6. Magnolia also diagnosed significant damage to
Plaintiff’s left knee. Id. at 4.
The injury to her right ankle required status-post osseous, soft tissue reconstructive surgery,
which was performed in June 2013 by Dr. Leon Shingledecker, D.P.M. Rec. Doc. 7-5, Exh. 5, p. 25. Although no bill from Dr. Shingledecker is included in the record, rewards for comparable
injuries with surgery or possible surgery range between $35,000 to $134,000. See Reichenpfader v.
Paccar, Inc., 872 F. Supp. 328, 330-32 (E.D. La. 1994) (amending a jury verdict to $43,871.63 to
include medical expenses for ankle surgery and out-patient procedure to remove hardware, plaintiff
had an ideal recovery); Bell v. Ayio, 97-0534 (La. App. 1 Cir. 11/13/98), 731 So. 2d 893, 900-03
($80,000 in general damages for broken ankle that required surgery with the insertion of three
screws); Arthur v. State, Dep't of Health & Human Res., 605 So. 2d 635, 639 (La. Ct. App. 1992)
($65,000 unspecified damages to plaintiff who underwent surgery for broken ankle and used a
walker for a month after surgery); McIntyre v. Saunders, 554 So. 2d 1371, 1375-76 (La. Ct. App.
1989) writ denied, 558 So. 2d 583 (La. 1990) ($95,000 in general damages to plaintiff who
underwent surgery on his ankle, may require additional surgery, and may suffer permanent
restriction in his activities); Lazarus v. S. Farm Bureau Cas. Ins. Co., 535 So. 2d 923, 928 (La. Ct.
App. 1988) writ denied, 536 So. 2d 1201 (La. 1988) ($134,120.80 in general, past medical, future
medical, and nursing services damages to plaintiff who suffered a fractured ankle, knee, and heel
2

with possible surgery); Smith v. Flowers Transp., Inc., 377 F. Supp. 1112, 1118 (N.D. Miss. 1974)
($35,000 for extensive lacerations on leg and soft-tissue injury and surgery to ankle). Records show
that after the second post-surgical visit, Plaintiff’s recovery was consistent with the post-operative
course, and that Plaintiff denied pain or tenderness in the ankle area. Id. at 2-4. Further x-rays will
be required. Id. at 4.
Medical records do not reveal whether Plaintiff’s injuries will require additional surgeries
to her ankle or knee. However, the record shows that she is still receiving treatment for other alleged
injuries. Rec. Doc. 7-5, Exh. 5. Further, Plaintiff asserts that she is scheduled to see a Dr. Richard
Meyer and orthopedist for the injury to her left knee when her right ankle is removed from the cast.
Rec. Doc. 7, p. 2. Plaintiff also seeks damages for lost wages and future medical procedures.
Considering the evidence, the Court finds the minimum jurisdictional amount has been met.

New Orleans, Louisiana, this 22nd day of July, 2013.

__________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE

3