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Troupe v. C & S Wholesale Grocers, Inc.

United States District Court for the Middle District of Georgia
2009 WL 1938787 (2009)


Facts

Zelma Troupe (plaintiff) filed a lawsuit in the State Court of Bibb County, Georgia, alleging that she was injured during a slip and fall on the premises of C & S Wholesale Grocers (C & S) (defendant). Troupe alleged that she suffered severe physical injuries and excruciating, severe physical distress as a result of C & S’s negligent inspection and maintenance of the property. Troupe sought damages for medical expenses in excess of $13,637.00, special and general damages for pain and suffering, and punitive damages. C & S removed the case to federal court, invoking diversity jurisdiction. The notice of removal contained copies of Troupe’s medical records that described the injuries. Troupe claimed that the injury aggravated a pre-existing back injury and complained of unrelenting pain for more than a year after the injury. Troupe claimed that the pain could not be controlled with medication. Additionally, the notice of removal contained evidence that Troupe was self-employed and was forced to reduce her workload of cleaning homes due to the injury. Troupe then moved the district court to remand the case back to state court.

Rule of Law

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Issue

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Holding and Reasoning (Royal, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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