TAMPA – A federal judge granted a Florida couple’s request to remand to state court their personal injury lawsuit against an elevator company and popular hotel chain.
Gene Marinelli and Jeanne Marinelli sued service technician Jason Carter, Marriott Hotel Services and Schindler Elevator Corp. in response to an injury that allegedly incurred while Gene Marinelli was riding in an elevator at the Tampa Airport Marriott. The elevator reportedly dropped to the ground floor, according to the complaint.
U.S. District Judge Charlene Edwards Honeywell ruled in favor of plaintiffs on March 17 stating that the federal court does not have subject matter jurisdiction.
“Plaintiffs have properly joined Carter under Rule 20(a)(2) because plaintiffs intend to pursue a judgment against Carter arising out of the same elevator malfunction occurrence that gives rise to liability for defendants Schindler and Marriot,” Howell stated. “Because Carter was not fraudulently joined, diversity of citizenship does not exist.”
After the Marinellis sued the defendants in Hillsborough County state court in July 2019, the defendants filed a notice of removal to U.S. District Court of the Middle District of Florida - Tampa Division in August 2019 on the allegations that Florida resident Jason Carter was fraudulently named as a defendant by plaintiffs to avoid federal court.
“Plaintiffs have asserted no valid claim against Carter and this defendant was improperly joined in this action to defeat diversity jurisdiction,” wrote defendant’s attorney Suzanne A. Singer in the notice of removal.
Carter, services, repairs or maintains elevators, acts as an employee of Schindler Elevator Co. not as an officer or registered agent, the complaint states.
"Plaintiffs have failed to show that Carter personally and actively participated in the tort, as it is clear from the complaint that Carter was not present on the date of the accident and had not serviced the elevator on the date of the accident," stated Singer on behalf of the defendants in her removal notice.