NEW ORLEANS – A federal judge denied a St. James Parish man's motion to move his vehicle accident injury claim back to state court because he asked for $95,000 in a pretrial settlement offer.
U.S. District Judge Carl J. Barbier of the Louisiana Eastern District also said previous court rulings determined the minimum award a jury could make for injuries like what the defendant suffered met the minimum standard of $75,000.
Christopher Williams brought his claim against Sentry Insurance Company, Timothy Kreutz, and JJ Trucking of Sheboygan in the 23rd Judicial Court for St. James Parish. The defendants got the case removed to U.S. District Court, which led to the plaintiff's motion to remand back to state court that Judge Barbier denied on April 2.
U.S. District Judge Carl J. Barbier
Williams filed his claim after Kreutz allegedly rear-ended his car on Feb. 19, 2019. At the time, Kreutz was on the clock at his job with JJ Trucking, which Williams sued for direct negligence and vicarious liability.
Judge Barbier's order said it wasn’t clear that Williams was suing for more than $75,000, even keeping his lengthy list of injuries and damages in mind. At the same time, that Williams wanted to take the case to trial was indication that he’s suing for at least $50,000 because that's the minimum amount in damages required for a jury trial in state court, the order states.
The defendants had the burden to prove that the case would concern more than $75,000. In their motion to deny remanding the suit, the defendants said the plaintiff's medical bills already exceeded $14,000. Williams has claimed he will require treatment for disc bulges and herniation of the C4-5 and C5-6 verterbrae from a recent diagnosis. They also shared the defendant's pre-trial settlement offer of $95,000 to show Williams sought more than the $75,000 necessary to be heard in U.S. District Court.
That was enough to convince Judge Barbier the defendants were correct.
“Plaintiff’s medical expenses and records, request for a jury trial in state court, and pre-removal settlement offer of $95,000, taken together, convince the court the amount in controversy requirement is met,” Judge Barbier said in his order.
U.S. District Court Louisiana Eastern District case number 20-766