KRASELSKY v. KROGER COMPANY (2024)

ORDER

On August 2, the Court ordered Defendant to show cause as to why this case should not be remanded for lack of subject-matter jurisdiction.

Both Plaintiff and Defendant responded. They argue that Plaintiff satisfies the $75,000 jurisdictional threshold because he demands $500,000 against Defendant and $500,000 against JBS Foods in compensatory and punitive damages.¹

In so arguing, Defendant cites Treadwell v. Kroger Co., No. 1:19-cv-03740-WMR, 2020 WL 13544374 (N.D. Ga. Jan. 28, 2020) for the proposition that “where a pre-suit demand did not allege medical damages in excess of the jurisdictional threshold, but had a claim for various damages, combined with future medical expenses, that was enough for defendant to be on notice that the amount in controversy ․ was met.” [27] at 2. But the facts in Treadwell are different from the facts in this case; there, the plaintiff already had medical expenses over $58,000, and the defendant had made a settlement offer of $300,000 prior to the filing of the lawsuit. Further, the plaintiff in that case pleaded claims not present here, such as future medical expenses and loss of consortium. Clearly, there was a firmer basis for subject-matter jurisdiction in a case with more severe injuries and medical expenses than here, where Plaintiff himself admits that he treated his gum injury with an antibiotic cream and did not seek medical attention because no infection occurred. [25] at 1.

Accordingly, the Court will take the advice of the court in Treadwell and “use [its] judicial experience and common sense in determining whether the case stated in a complaint meets federal jurisdictional requirements.” 2020 WL 13544374 at *2 (quoting Roe v. Michelin N. Am., Inc., 613 F.3d 1058, 1062 (11th Cir. 2010)). The parties have not presented any evidence that Plaintiffs claims amount to more than $75,000. Because Plaintiff did not seek medical treatment, miss any work, or incur any expense as a result of the incident, the Court concludes to a legal certainty that this case does not meet the $75,000 jurisdictional requirement.

Accordingly, this case is remanded to the Superior Court of Gwinnett County. The parties’ pending motions [18, 20, 21] are denied as moot.

IT IS SO ORDERED this 27th day of August, 2024.

FOOTNOTES

1.   JBS Foods is not a defendant in this case, though Plaintiff has moved the Court to add it as a defendant. Because this case will be remanded, this motion will be denied as moot. Further, Plaintiff's initial complaint does not include a demand for punitive damages; he filed an amendment adding punitive damages, which Defendant opposes and moves to strike. This motion will also be denied as moot.

Timothy C. Batten, Sr., Chief United States District Judge