Filed: Dec. 04, 2017
Latest Update: Dec. 04, 2017
Summary: ORDER STEVEN D. MERRYDAY , District Judge . Dondenna Crabtree allegedly slipped on a "wet substance" at Wal-Mart and fell. After Crabtree sued in state court for negligence, Wal-Mart removed (Doc. 1) the action and invoked diversity jurisdiction. Crabtree moves (Doc. 5) for leave to amend the complaint to add a claim against Lisa Dickerson, a Florida citizen and a "zone manager" at the Wal-Mart in which Crabtree slipped and fell. DISCUSSION Not a guarantor of each shopper's safety, a man
Summary: ORDER STEVEN D. MERRYDAY , District Judge . Dondenna Crabtree allegedly slipped on a "wet substance" at Wal-Mart and fell. After Crabtree sued in state court for negligence, Wal-Mart removed (Doc. 1) the action and invoked diversity jurisdiction. Crabtree moves (Doc. 5) for leave to amend the complaint to add a claim against Lisa Dickerson, a Florida citizen and a "zone manager" at the Wal-Mart in which Crabtree slipped and fell. DISCUSSION Not a guarantor of each shopper's safety, a mana..
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ORDER
STEVEN D. MERRYDAY, District Judge.
Dondenna Crabtree allegedly slipped on a "wet substance" at Wal-Mart and fell. After Crabtree sued in state court for negligence, Wal-Mart removed (Doc. 1) the action and invoked diversity jurisdiction. Crabtree moves (Doc. 5) for leave to amend the complaint to add a claim against Lisa Dickerson, a Florida citizen and a "zone manager" at the Wal-Mart in which Crabtree slipped and fell.
DISCUSSION
Not a guarantor of each shopper's safety, a manager bears liability for an injury only if the manager contributed directly to the injury. Accordino v. Wal-Mart Stores East, L.P., 2005 WL 3336503 (M.D. Fla. Dec. 8, 2005) (Corrigan, J.) (collecting Florida decisions). A manager's "general administrative responsibility" for the store imposes no duty to ensure each shopper's safety. McElveen v. Peeler, 544 So.2d 270 (Fla. 1st DCA 1989) (Wentworth, J.); accord McDaniel v. Sheffield, 431 So.2d 230 (Fla. 1st DCA 1983) (Thompson, J.).
The proposed complaint alleges: "By virtue of her managerial authority and position," Dickerson "owed a duty to maintain the premises in a reasonably safe condition and to adequately warn [Crabtree] of any dangers on the premises." (Doc. 5-1 at 4) In other words, the proposed complaint attempts to subject Dickerson to liability based on Dickerson's "general administrative responsibility." Other than the conclusory allegations in paragraph fifteen, nothing in the complaint shows that Dickerson contributed directly to Crabtree's injury.1 Also, Wal-Mart submits evidence to show that Dickerson owed Crabtree no duty to ensure the cleanliness of the area in which Crabtree fell. Dickerson, who manages part of the store, affirms (Doc. 6 at 10) no responsibility for the "Garden Center" where Crabtree fell. See Foman v. Davis, 371 U.S. 178 (1962) (holding that the "futility of amendment" warrants denying leave to amend).
CONCLUSION
The proposed complaint fails to state a claim against Dickerson, and the evidence submitted by Wal-Mart shows the futility of the proposed amendment. The motion (Doc. 5) to add a claim against Dickerson is DENIED. Because the parties shares no citizenship and because the amount in controversy on the day of removal likely exceeded $75,000,2 the request (Doc. 5 at 3) to remand the action is DENIED.
ORDERED.
