When Is a Kentucky Escalator Accident Lawsuit Heard in Federal Court?
Using an escalator is not typically considered a risky or dangerous activity. Of course, like any mechanical device an escalator can fail due to improper design, construction, or maintenance. Such failures can cause serious injuries, even death, and when that happens the elevator manufacturer and other parties may be held civilly liable in a personal injury lawsuit.
Federal Judge Declines to Kick Escalator Lawsuit Back to State Court
While personal injury lawsuits are largely governed by state law, there are many such cases actually heard in federal court. Basically, if you sue a defendant, either a person or a company, who is a resident of a different state than you, that defendant can seek to transfer your case from state to federal court. This process is known as removal and there are two criteria that must be met:
- There must be complete diversity between the parties. In other words, if you are a Kentucky resident who filed a personal injury lawsuit naming three defendants, none of those defendants can also be residents of Kentucky.
- The amount in controversy must exceed $75,000.
If the defendant (or defendants) cannot meet both criteria, the plaintiff has the right to remand or send their personal injury case back to state court.
Recently, a federal judge in Kentucky declined to remand a personal injury case arising from an elevator accident. In Davis v. Schindler Elevator Corporation, the plaintiff, a Kentucky resident, was riding on an escalator at Greater Cincinnati Northern Kentucky Airport. According to the plaintiff’s lawsuit, the escalator “accelerated and then came to a sudden and abrupt stop,” jerking him back and forth and causing “serious injuries to his back, spine, and body as a whole.”
The plaintiff’s lawsuit named the escalator’s manufacturer, Schindler Elevator Corporation, as the defendant. Schindler is a Delaware corporation. The plaintiff also named several “John Doe” defendants, who were the presently unknown people responsible for servicing and inspecting the escalator.
Schindler removed the plaintiff’s lawsuit from Kentucky state court to federal court. The plaintiff then moved to remand, arguing that Schindler had not proven both of the conditions necessary for removal. The federal judge assigned to the case denied the plaintiff’s motion.
The plaintiff’s main point of contention was that the “amount in controversy” did not exceed $75,000. The plaintiff’s lawsuit did not request a specific amount of money, but he said he would “stipulate” that his damages did not exceed $75,000. The judge refused to accept that stipulation, noting the lawsuit itself alleged a wide range of damages including past and future medical expenses as well as loss of income and earning capacity. In short, those damages were likely to exceed $75,000, and as such the case could remain in federal court.
Contact a Madisonville Elevator & Escalator Accident Lawyer Today
If you have been injured due to the mechanical failure of an elevator, escalator, or similar means of conveyance, you have the right to demand financial compensation from the responsible parties. Our Madisonville elevator and escalator accident lawyers can help. Contact Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.
Source:
scholar.google.com/scholar_case?case=743211751430458027
