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Mitchell v. Wal-Mart Stores East, LP

United States District Court, S.D. Mississippi, Northern Division

August 8, 2019

ESSIE MITCHELL AND JAMES MITCHELL PLAINTIFFS
v.
WAL-MART STORES EAST, LP DEFENDANT

          ORDER

          DANIEL P. JORDAN III CHIEF UNITED STATES DISTRICT JUDGE.

         This premises-liability dispute is before the Court on Plaintiffs Essie and James Mitchell's Motion to Remand [5]. Defendant Wal-Mart Stores East, LP (“Wal-Mart”) has responded in opposition. The Court, having fully considered the parties' submissions and the applicable law, finds that the motion should be denied.

         I. Background

         Essie Mitchell allegedly tripped and fell at a Wal-Mart in Hazlehurst, Mississippi, on September 9, 2018. Id. ¶ 27. The Mitchells blame Wal-Mart for the accident and sued the company in the Circuit Court of Copiah County, Mississippi, on February 4, 2019. Compl. [1-1]. In their Complaint, the Mitchells say Essie “suffered physical pain, emotional distress and aguish, a loss of wages, a loss of wage[-]earning capacity, and a loss of enjoyment of life, and . . . incurred medical, drug, and other incidental bills.” Id. ¶ 36. Essie and James Mitchell both allege a loss of consortium, id. ¶ 37, and seek an indeterminate amount of compensatory damages and court costs, id. ¶ 39.

         While still in state court, the Mitchells filed the following responses to Wal-Mart's requests for admission:

REQUEST NO. 1:
Admit that the combined value of Plaintiff Essie Mitchell and Plaintiff James Mitchell's claims for damages do not exceed the amount of $75, 000.00. RESPONSE: Admitted.
REQUEST NO. 2:
Admit that Plaintiff Essie Mitchell and Plaintiff James Mitchell would not accept any total sum greater than $75, 000.00 for any damages even if awarded by a jury. RESPONSE: Admitted under the current pleadings.
REQUEST NO. 3:
Admit that Plaintiff Essie Mitchell and Plaintiff James Mitchell will never seek to amend the Complaint to seek a combined total amount above $75, 000.00. RESPONSE: Denied.
REQUEST NO. 4:
Admit that Plaintiff Essie Mitchell and Plaintiff James Mitchell will never seek a combined total verdict from any jury hearing this action greater than $75, 000.00. RESPONSE: Admitted under ...

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