Attorneys for a defendant in a suit against major U.S. retailer Wal-Mart sought action on June 18 to remove the case from Orleans Parish to the U.S. District Court of the Eastern District of Louisiana following litigation filed earlier in 2015 related to an alleged 2014 injury on store premises.
Plaintiff Antoinette Martin originally sued Wal-Mart in the Civil District Court for the Parish of Orleans in the State of Louisiana on Jan. 29. Wal-Mart was served through its agent, CT Corporation, on Feb. 19. The suit seeks compensation from Wal-Mart for damages allegedly sustained by the plaintiff consequent to an alleged unspecified incident at the retailer’s Supercenter located on Behrman Highway in New Orleans on Oct. 11, 2014.
Martin, who did not specify how the accident happened, claimed on May 26, in response to interrogatories that her injuries resulted in ongoing pain, numbness and medical treatment and expenses for her right hip, knee and shoulder.
The defendant’s legal counsel states that removal is proper due to diversity of citizenship and because the amount in controversy is more than $75,000. Wal-Mart is headquartered in Benton, Arizona, while the plaintiff resides in Orleans Parish, Louisiana.
Stating notice of removal, the defendant is represented by Roy Beard of McCranie, Sistrunk, Anzelmo, Hardy, McDaniel & Welch in New Orleans.
U.S. District Court of the Eastern District of Louisiana Case 2:15-cv-02215-CJB-MBN