Sandling v. Chicago Urban Air, LLC
1:24-cv-08077
N.D. Ill.May 2, 2025Background
- Madelyn Sandling, a minor, was injured at an Urban Air Trampoline & Adventure Park in Mokena, Illinois, while using the "Stairway to Heaven" attraction with a harness that allegedly malfunctioned, severely injuring her finger.
- Her mother, Stephanie Sleeman, sued both Urban Air and the facility’s manager, Elizabeth Phoulavong, in Illinois state court for negligence and reimbursement of medical expenses under the Family Expense Act.
- Urban Air, a Texas-based LLC, removed the case to federal court citing diversity jurisdiction, arguing Phoulavong was fraudulently joined to destroy diversity.
- Plaintiffs are Illinois citizens; Urban Air’s LLC members are Texas citizens; Phoulavong is an Illinois resident.
- The plaintiffs moved to remand the case to state court for lack of subject matter jurisdiction, arguing there was no complete diversity.
- The court considered whether Phoulavong had been properly joined as a defendant or was fraudulently joined solely to defeat federal jurisdiction, and whether claims against her possessed a reasonable basis under Illinois law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Diversity Jurisdiction / Fraudulent Joinder | Phoulavong properly joined; claims reasonably possible under Illinois law | Phoulavong’s inclusion is fraudulent; no viable claim against her | No fraudulent joinder; no complete diversity |
| Existence of Independent Duty for Manager | Phoulavong had independent duty, as active tortfeasor (failure to warn) | No independent duty; any duty owed only as agent for Urban Air | Facts, if true, allege possible independent duty |
| Sufficiency of Pleadings re: Knowledge of Danger | Allegations of knowledge and failure to warn sufficient | Lack of specific facts on prior incidents/knowledge | Pleadings need not be highly specific at this stage |
| Remand to State Court | Remand required for lack of subject matter jurisdiction | Federal court should retain jurisdiction | Case remanded to state court for lack of jurisdiction |
Key Cases Cited
- Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546 (2005) (federal courts are courts of limited jurisdiction and must assure themselves of jurisdiction)
- Hertz Corp. v. Friend, 559 U.S. 77 (2010) (diversity jurisdiction exists to protect against local prejudice)
- Schur v. L.A. Weight Loss Ctrs., Inc., 577 F.3d 752 (7th Cir. 2009) (standard for fraudulent joinder and removal burden)
- Marshall v. Burger King Corp., 856 N.E.2d 1048 (Ill. 2006) (elements for stating a negligence claim in Illinois)
- Home Depot U.S.A., Inc. v. Jackson, 537 U.S. 435 (2019) (diversity jurisdiction requirements and forum defendant rule)