3:25-cv-00464
S.D.W. VaSep 25, 2025Background
- This is a removal action in the Southern District of West Virginia regarding Shirley Conley v. Schindler Elevator Corp. and Penney OPCO, LLC d/b/a JC Penney.
- Conley filed suit in Cabell County Circuit Court on June 19, 2025, alleging injuries from an escalator incident at a JCPenney store.
- Plaintiff claims catastrophic and permanent injuries, including cervical spine injury and other physical/psychological damages, with medical expenses and future treatment anticipated.
- Defendants removed on July 25, 2025, asserting federal jurisdiction under 28 U.S.C. § 1332(a) based on amount in controversy over $75,000.
- Plaintiff moves to remand, arguing the record does not support exceeding the jurisdictional amount.
- The court denies remand, finding it more likely than not that the amount in controversy exceeds $75,000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the amount in controversy exceeds $75,000, giving jurisdiction. | Conley lacks evidence that exceeds threshold. | Complaint and anticipated damages show exceedance. | Burden met; amount likely exceeds $75,000. |
| What standard governs removal burden of proof for amount in controversy. | Defense must show with concrete evidence. | Removal burden by preponderance; in doubt, remand. | Defendants met standard; preponderance shown. |
| Whether plaintiff’s damages and potential future costs support jurisdiction. | Damages described generically; not tied to a dollar figure. | Catastrophic injuries and future surgery justify threshold. | Damages support jurisdiction. |
| Whether plaintiff’s refusal to stipulate to damages below threshold affects remand. | Non-stipulation not dispositive. | Non-stipulation can be persuasive but not controlling. | Not dispositive; jurisdiction supported. |
Key Cases Cited
- Mullins v. Harry’s Mobile Homes, Inc., 861 F. Supp. 2d 22 (S.D. W. Va. 1994) (burden on removal in absence of explicit amount)
- Mulcahey v. Columbia Organic Chems. Co., 29 F.3d 148 (4th Cir. 1994) (preponderance standard for federal jurisdiction)
- Evans v. CDX Services, LLC, 528 F. Supp. 2d 599 (S.D. W. Va. 2007) (evidence of serious injuries supports amount in controversy)
- Landmark Corp. v. Apogee Coal Co., 945 F. Supp. 932 (S.D. W. Va. 1996) (when amount unknown, court assesses potential damages)
- Scaralto v. Ferrell, 826 F. Supp. 2d 960 (S.D. W. Va. 2011) (considering various damage factors for jurisdictional amount)