Bucksar v. Mayo
United States District Court for the District of Massachusetts
2011 WL 13254244 (2011)
- Written by Kate Luck, JD
Facts
Mary Bucksar (plaintiff) fell from a landing of a property owned by Charles A. Mayo III (defendant). Bucksar sustained a fracture, torn tendons, and a bulged spinal disc, among other injuries, as a result of the fall. Bucksar sued Mayo in federal district court, claiming that the landing was too small, lacked a railing, and violated building codes, and that Mayo failed to maintain or warn Bucksar about the condition of the landing. Bucksar sought $150,000 in damages for permanent bodily impairment, medical expenses, and ongoing pain and suffering. Bucksar stated that her medical expenses exceeded $13,300 and that she sustained lost wages exceeding $9,000. Bucksar attributed the remainder of the damages amount to pain and suffering. Mayo filed a motion to dismiss for lack of subject-matter jurisdiction, challenging Bucksar’s alleged damages and asserting that she failed to meet the amount-in-controversy requirement for diversity jurisdiction. Bucksar opposed the motion.
Rule of Law
Issue
Holding and Reasoning (Collings, J.)
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