Pope v. Wal-Mart Stores East, LP
4:19-cv-00377
| N.D. Okla. | Jun 14, 2021Background
- Decedent Katherine Caraway was found dead in a Wal‑Mart family restroom on June 26, 2017.
- Parents Sharon Pope and Russ Caraway filed suit in Tulsa County (June 24, 2019) alleging wrongful death plus negligence/gross negligence claims and sought damages exceeding $75,000 and punitive damages.
- Wal‑Mart (Delaware partnership, principal place of business Arkansas) removed to federal court on July 10, 2019 based on diversity jurisdiction; plaintiffs initially stipulated to federal jurisdiction and the case proceeded with scheduling orders.
- Plaintiffs later moved to remand (May 21, 2021), asserting for the first time that Russ Caraway was domiciled in Arkansas at filing, which would defeat complete diversity.
- Central legal dispute: whether Oklahoma law permits plaintiffs (next of kin) to pursue independent negligence/survival claims apart from a wrongful death action—if not, diversity is preserved under 28 U.S.C. § 1332(c)(2).
- The court resolved the motion by interpreting Oklahoma law on wrongful death and survival claims and denied remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether next of kin may pursue independent negligence/survival claims in addition to wrongful death under Oklahoma law | Plaintiffs (Caraway/Pope): may assert independent negligence claims (relying on Tank) | Wal‑Mart: Oklahoma law provides only wrongful death recovery for next of kin; independent common‑law claims are barred | Court: Oklahoma law bars separate common‑law survival/negligence claims by next of kin; only wrongful death action is available |
| Whether removal based on diversity was improper because Russ Caraway was domiciled in Arkansas at filing | Plaintiffs: Russ's Arkansas domicile defeats complete diversity and requires remand | Wal‑Mart: §1332(c)(2) treats legal representative/next of kin in wrongful death as citizen of decedent (Oklahoma); no independent claim by Russ means diversity exists | Court: Because only wrongful death claim exists and the decedent was Oklahoma domiciliary, complete diversity is satisfied; remand denied |
Key Cases Cited
- Tank v. Chronister, 160 F.3d 597 (10th Cir. 1998) (discussing Kansas distinction between survival and wrongful death actions)
- Potter v. Pure Oil Co., 182 Okla. 509 (Okla. 1938) (recognizing common‑law rule that no civil action lies for an injury resulting in death)