Although plaintiff’s counsel made defendants aware that plaintiff had incurred $16,000 in medical expenses – and would incur more – in addition to lost wages, and although the complaint asked for punitive damages, defendants did not receive notice that the amount in controversy would exceed the $75,000 until plaintiff’s interrogatory response indicated that his damages exceeded $300,000. Since defendants removed the case to this court within 30 days of receiving that interrogatory response, the removal was timely.
The court denies plaintiff’s motion to remand to state court.
Houston v. Beasley (Lawyers Weekly No. 002-057-18, 6 pp.) (David Norton, J.) 9:17-cv-03184; John Parker and William Franklin Barnes III for plaintiff; Lee Dixon for defendants. D.S.C.