Anderson v. B & G Backhoe, Inc. et al

Filing 13

ORDER The Court, sua sponte, finds that there is insufficient evidence before the Court that the requisite amount in controversy for removal jurisdiction is met. The plaintiff is allowed 14 days from the date of this Order to file an affidavit with this Court limiting his recovery in this action to $75,000, exclusive of interest and costs. The Court will remand this action to the Circuit Court of Pike County, Mississippi, if the plaintiff files such an affidavit. Signed by Honorable David C. Bramlette, III on 4/20/2018 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ELLIS ANDERSON

PLAINTIFF

VS.

CIVIL ACTION NO. 5:18-cv-7(DCB)(MTP)

B & G BACKHOE, INC.,
and OTIS PARNELL

DEFENDANTS
ORDER

This cause is before the Court sua sponte to address the issue
of subject matter jurisdiction.
filed

his

Complaint

in

the

The plaintiff, Ellis Anderson,
Circuit

Mississippi, on November 30, 2017.

Court

of

Pike

County,

He alleges that defendant Otis

Parnell negligently caused a collision between the plaintiff’s
vehicle and the truck which defendant Parnell was driving.
further alleges that as a result of the accident, he
a. suffered serious, painful and permanent bodily
injuries, great physical pain and mental anguish, severe
and substantial emotional distress, loss of the capacity
for the enjoyment of life;
b. was, is and will be required to undergo medical
treatment and to incur medical costs and expenses in
order to alleviate injuries, pain and suffering;
c. was, is and will be precluded from engaging in normal
activities and pursuits, including a loss of ability to
earn money and of actual earnings;
All of the Plaintiff’s losses were, are and will be due
solely to and by reason of the carelessness and
negligence of the Defendants, without any negligence or
want of due care on the Plaintiff’s part contributing
thereto. The Plaintiff sustained damage to his vehicle,
received serious, painful, disabling and permanent bodily
injuries which required him to incur or become liable for
certain medical and other expenses, and he sustained an

He

impairment in his earning capacity.
WHEREFORE, Plaintiff demands judgment against defendant
for $75,000.00 for bodily injury and $50,000 for medical
expenses, damage to vehicle and costs of this action.
Complaint, pp. 3-4.
Defendants B & G Backhoe, Inc., and Otis Parnell removed this
action to this Court on January 8, 2018 (docket entry 1).
On April 9, 2018, the plaintiff filed his Initial Disclosures
including, inter alia, his computation of damages as follows:
(1) Emergency Room South West Mississippi Regional
Medical Center - November 28, 2016. - $4,195.50.
(2) Hennington Wellness Center - Treatment under Dr.
Stephen Hennington - $4,745.00.
Total known medical bills of Plaintiffs for computation
purposes - $8,940.00.
The total extent of Plaintiff’s injuries from this
accident and future medical prognoses remain unknown at
this time.
The Plaintiff’s 2003 Ford Explorer was totaled in the
accident.
The current book value of the vehicle is
$3,800.00. These are all known compensatory damages at
this time.
Plaintiff’s Initial Disclosures, p. 3 (docket entry 12).
Thus, the total amount of compensatory damages claimed by the
plaintiff is $12,740.00.
Defendants B & G Backhoe, Inc., and Otis Parnell have not
presented any summary judgment type evidence in support of the
Court’s exercise of federal diversity jurisdiction.

However, the

plaintiff has served his Initial Disclosures, which appear to fall

2

far short of the $75,000.00 requisite amount in controversy.

It is

not facially apparent from the plaintiff’s Complaint that the amount
in controversy exceeds $75,000, exclusive of interest and costs.
Furthermore, the Court has not been presented with any summary
judgment type evidence showing that the value of the plaintiff’s
claims supports an exercise of diversity jurisdiction under 28
U.S.C. § 1332.
Accordingly,
IT IS ORDERED and ADJUDGED that the plaintiff has fourteen (14)
days from the entry of this Order to file an affidavit with this
Court limiting his recovery in this action to $75,000, exclusive of
interest and costs.

The Court will remand this action to the

Circuit Court of Pike County, Mississippi, if the plaintiff files
such an affidavit.
SO ORDERED AND ADJUDGED, this the 20th day of April, 2018.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

3