FORT LAUDERDALE (Florida Record) — Wal-Mart Stores, Inc. is asking a federal court in Fort Lauderdale to take up the case of a Broward County man who was allegedly injured in one of the company's Florida stores in 2015.
"Because there exists complete diversity between plaintiff and Wal-Mart who are citizens of different states, and because the amount in controversy exceeds $75,000 exclusive of interest, fees, and costs, this action is removable pursuant to 28 U.S.C. §§ 1332, 1441 and 1446," said Wal-Mart's eight-page notice of removal.
Wal-Mart's notice was filed May 3 in U.S. District Court for Florida's Southern District, Fort Lauderdale Division in the injury case filed by Lazaro Iglesias in December 2017 in 17th Judicial Circuit Court for Broward County, according to the background portion of Wal-Mart's notice.
Iglesias filed his lawsuit over injuries he allegedly suffered May 2015 "as a result of negligently maintained floors" at a Walmart store in Delray Beach, the notice said.
"Specifically, [Iglesias] alleges Wal-Mart knew or should have known of the dangerous condition and was negligent in not correcting and/or repairing the same," the notice said.
Iglesias seeks more than $75,000, attorney’s fees and costs.
Wal-Mart says its removal is timely, that "there is complete diversity within the parties" and that the company is a Delaware limited partnership. "The principal place of business for all entities mentioned is Bentonville, Arkansas," Wal-Mart's notice said.
"At no time material has Wal-Mart Stores East, LP, WalMart Stores, Inc. or its general or limited partners, been a citizen of Florida."
Wal-Mart also is entitled to removal based on the amount in controversy, according to the notice.
"Although [Iglesias]'s complaint does not specify an amount in controversy other than the state court $15,000 jurisdictional minimum, it is clear from plaintiff’s pre-suit demand that [Iglesias]'s claimed damages exceed the jurisdictional minimum in this court of $75,000," the notice said.
The notice was filed on Wal-Mart's behalf by attorneys Jerry D. Hamilton, Robert M. Oldershaw and Samantha S. Loveland, of Hamilton, Miller & Birthisel in Miami, under Case No. 0:18-cv-60998-WPD