Wal-Mart removed a customer’s lawsuit alleging she was injured when the store’s doors closed on her as she was entering its O’Fallon location.
Wal-Mart filed a notice of removal to the U.S. District Court for the Southern District of Illinois on Jan. 13 through attorneys James DeFranco and Paige Elbe of DeFranco & Bradley in Fairview Heights.
The defendant argues that removal is proper based on the diversity of citizenship and the amount in controversy.
“Counsel for plaintiff and counsel for defendant conferred on January 5, 2016, and counsel for plaintiff declined to stipulate that the damages were below $75,000. The prayer in the complaint requests damages in excess of $50,000,” the notice states.
However, the defendant argues that evidence shows that the amount in controversy does exceed the $75,000 limit, making removal appropriate.
Martina Conley filed her lawsuit on Nov. 16 against Wal-Mart Stores Inc.
According to the complaint, Conley claims she was entering the O’Fallon Wal-Mart store on June 15 when she was allegedly struck by the automatic doors.
As a result, she claims she sustained severe injuries to her head, body and limbs.
Conley seeks damages of more than $50,000, plus court costs and attorney’s fees.
The plaintiff is represented by Thomas Rich, Kristina Cooksey and Michelle Rich of Fairview Heights.
St. Clair County Circuit Court case number 15-L-658