Civil Practice – Diversity Jurisdiction – Service of Process – Dismissal

By: Teresa Bruno, Opinions Editor//September 11, 2017

Sims v. Ryder Truck Rental, Inc. (Lawyers Weekly No. 002-133-17, 7 pp.) (J. Michelle Childs, J.) 5:16-cv-01026; D.S.C.

Holding: The South Carolina plaintiff has stated a valid premises-liability claim against the only South Carolina defendant, Henry’s Soc. LLC; however, since plaintiff did not serve Henry’s pursuant to Rule 4(m), FRCP, the court dismisses the action against Henry’s without prejudice. Consequently, the court retains diversity jurisdiction over this matter.

Plaintiff’s motion to remand to state court is denied.

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