Domino's Pizza has removed a Madison County personal injury suit to U.S. District Court for the Southern District of Illinois.
Darin Trent and David Johnson filed the suit against M.B.R. Management Corporation, doing business as Domino’s Pizza in August.
According to the complaint, Trent and Johnson claim they split a pizza on April 18, and had it delivered to their place of employment at the Madison County Criminal Justice Center. While eating the pizza, Johnson allegedly bit down on something hard.
“He removed a piece of glass from the pizza,” the suit states. “In so doing his finger was cut. Further he began to feel pain in his tooth.”
Trent also ingested some of the glass, he claims. Both went to the Gateway Regional Hospital for treatment.
Johnson’s tooth broke into pieces and fell out of his mouth not long after the incident, the suit states.
Domino’s Pizza filed the notice through attorney Jane Unsell in Wood River. Unsell argues that the case should be transferred because the defendant is a foreign corporation with a principal place of business in Missouri. Because the plaintiffs are citizens of Illinois, Madison County is the improper venue, she states.
Unsell further argues that each of the plaintiffs’ damages exceeds $75,000.
“The district court shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000,” Supreme Court Rule 28 states.
The plaintiffs seek a judgment of more than $150,000.
Brian L. Polinske of Polinske & Associates, P.C. in Edwardsville represents Trent and Johnson.
Madison County Circuit Court case number 13-L-1473