VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This matter comes before the Court pursuant to Defendant Black & Decker (U.S.) Inc.'s Notice of Removal and subsequent response to this Court's Order to Show Cause. (Doc. ## 1, 6). For the reasons that follow, this case is remanded to state court for lack of subject matter jurisdiction.
On April 17, 2018, Plaintiff Michael Ragle was using a table saw manufactured by Black & Decker to cut wood when the machine amputated his middle finger down to the first knuckle. (Doc. # 1-1 at 2). On December 21, 2018, Ragle initiated this case in state court. Then, on February 18, 2019, Ragle filed his Amended Complaint against Black & Decker, claiming damages for strict liability, negligence, and implied warranties of merchantability and fitness. (Doc. # 1-1). Black & Decker removed the case to this Court on May 22, 2019. (Doc. # 1).
On May 23, 2019, the Court entered an Order to Show Cause, (Doc. # 3), explaining that Black & Decker had not established that the amount in controversy requirement was met by a preponderance of the evidence. Black & Decker filed a response to the Court's Order on May 29, 2019, in an attempt to establish that the amount in controversy exceeds $75,000. (Doc. # 6). Ragle filed his response to Black & Decker's response on May 31, 2019. (Doc. # 7).
This action was removed to this Court on the basis of diversity jurisdiction. (Doc. # 1). When a defendant premises jurisdiction upon diversity of citizenship, 28 U.S.C. § 1332(a) requires that "the matter in controversy exceeds the sum or value of $75,000, exclusive of interests and costs." If the amount in controversy is not evident from the complaint, "the court should look to the notice of removal and may require evidence relevant to the amount in controversy at the time the case was removed."
If "damages are unspecified, the removing party bears the burden of establishing the jurisdictional amount by a preponderance of the evidence,"
Ragle's Amended Complaint does not allege a specific amount of damages. (Doc. # 1-1). Rather, Black & Decker relies on four things to establish the amount in controversy: (1) published precedent; (2) the factual allegations contained in the Amended Complaint; (3) the opinion
Black & Decker is correct that published precedent may be used as evidence to establish the jurisdictional amount in controversy.
Despite Black & Decker's presentation of jury verdicts obtained in other cases, the Court is not convinced that these cases sufficiently establish the jurisdictional amount in controversy in this case. True, each of the cases presented by Black & Decker resulted in damages over $75,000 and involved finger amputations. However, the mere similarity between the physical injuries in those cases and in this one does not account for the many other unique circumstances that may have influenced the final damages awards in those cases. Although the Court may use its judicial experience and common sense in determining whether the amount in controversy requirement is satisfied,
Black & Decker further argues that Ragle's Amended Complaint itself establishes the jurisdictional amount. (Doc. # 6 at 5). Black & Decker specifically focuses on the Amended Complaint's allegation that Ragle "suffered a permanent physical injury . . . and has suffered permanent and continuing physical pain and suffering as well as scarring and mental anguish." (
Finally, Black & Decker argues that Ragle's admission that his damages exceed $75,000 demonstrates by a preponderance of the evidence that the jurisdictional amount has been met. (Doc. # 6 at 6). Black & Decker relies on
In this case, Black & Decker has only provided Ragle's bare admission, vague allegations in his Amended Complaint, and jury verdicts in other cases to establish the amount in controversy. (Doc. # 6). Because the Court is not convinced by that other evidence, Ragle's bald admission likewise does not constitute a sufficient basis for removal.
The Court understands Black & Decker's frustration that Ragle has failed to provide bills and records — medical or otherwise — to clarify the amount of damages being sought. (
In short, the Court is not convinced by a preponderance of the evidence that the amount in controversy exceeds $75,000. Therefore, Black & Decker has not carried its burden of establishing this Court's diversity jurisdiction and remand is required.
In its response, Black & Decker requests that if the Court remands this case that it be done "without prejudice to its right to remove at a later time after receipt of Plaintiff's medical records, bills and other damage related documents from Plaintiff." (Doc. # 6 at 6-7). Such a request is unnecessary as the Eleventh Circuit has held that a defendant "who fails to meet his burden for removal at the early stages of litigation may still have recourse to the federal courts later, after a fuller record has been developed in discovery in the state court."
Accordingly, it is now
Because the Court lacks subject matter jurisdiction, the Clerk is directed to