This case arose out of an incident that occurred at a Dollar Tree store where the Plaintiff allegedly reached up to a top shelf to grab a coffee mug and the mug tipped over, spilling its contents onto her face, body and clothing. The Plaintiff alleged that the cup contained urine and other hazardous fluids.
The Plaintiff originally filed suit in state court. The Defendant removed the matter to federal court.
In removing the case to federal court, the Defendants asserted that the Plaintiff’s joinder of the store manager into the lawsuit was a purposeful effort to have residents from Pennsylvania on both the Plaintiffs side and the defense side of this matter so as to preclude removal on the basis that there was no diversity of citizenship.
The Plaintiff filed a Motion to Remand the case to state court.
The court held that, as pled, there were no grounds upon which the Plaintiff may maintain an action against the store manager under Pennsylvania law. In this Opinion, the court noted that the “Plaintiff’s argument is an exercising sophistry.” Accordingly, the court denied the Plaintiff’s Motion to Remand and granted the store manager’s Motion for a Dismissal.
Anyone wishing to review a copy of this decision may click this LINK.
I send thanks to Attorney Sarah E. Cobbs of the Pittsburgh office of the law firm of Thomas, Thomas & Hafer, LLP, for bringing this case to my attention.