Companies dismiss personal injury claim
In America, two well known chains Wall-Mart and Sam’s Club have removed a St. Clair County
personal injury case to federal court in East St. Louis, stating complete diversity of citizenship exits.
The case follows a customer Deborah LoDuca who is suing the companies for personal injuries sustained while attempting to sit on an office chair but it malfunctioned. The suit claims the defendants did not rectify the dangerous condition of the chair, when they should have known the risk it presented.
It has been thought that the amount will reach $75,000 which will make removal of the case permanent.
However, this may be difficult to do as LoDuca is claiming lower back injuries, loss of normal life, medical expenses and bodily pain. Wal-Mart and Sam’s argue that the case lies in federal court rather than state court due to the amount of compensation and diversity.
Additionally, the chain is stating that LoDuca’s injuries were the result of her own doing because she failed to sit on the chair in an appropriate safe place.
Updated on 10/22/2008