JACKSONVILLE — A federal court has denied United Parcel Service's (UPS) motion for extension of time to show cause and remanded a lawsuit to the circuit court in a case involving a job applicant who was hit in the head by a package while on a job interview.
According to the April 3 U.S. District Court for the Middle District of Florida Jacksonville Division order, defendant UPS petitioned the court regarding a lawsuit filed by plaintiff Jennifer Albertie. UPS had asked the court for a response to order to show cause and in March it filed a notice of removal to remove the case from the circuit court due to a disputed amount in the case involving more than $75,000.
The case stems from Albertie who while on a job interview and touring a UPS site, was hit by a package thrown by a UPS employee. The plaintiff suffered a concussion and continues to undergo neurological and chiropractic care, according to the court filing.
The plaintiff originally stated she had more than $8,000 in medical expenses but did not seek a "specific amount" and asked UPS to "put forth best good faith offer." Since the plaintiff is still undergoing medical treatment and has experienced lost wages and suffered emotional distress due to the accident, UPS argues the damages likely will exceed the jurisdictional threshold.
UPS also stated that the plaintiff's counsel believes "this is a six-figure case." UPS also asked the court for an extension to show cause due to the plaintiff's counsel trying to "figure treatment expenses and prognosis."
U.S. District Judge Marcia Morales Howard concluded it was evident that the case had been removed "from state court to federal court" prematurely and stated the court would not grant UPS "a belated opportunity to engage in post-removal jurisdictional discovery" in relation to the damages amount.
Judge Morales Howard also concluded that UPS had failed twice to "satisfactory allege" the amount in dispute exceeds the threshold, denied UPS's motion and remanded the case to the Circuit Court of the Fourth Judicial Circuit in and for Duval County.