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Date: 12-17-2022
Case Style:
Thomas T. Gallion, III v. Zoe's Restaurant, LLC, et al.
Case Number: 2:20-cv-00535
Judge: R. Austin Huffaker, Jr.
Court: United States District Court for the Middle District of Alabama (Montgomery County)
Plaintiff's Attorney:
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Defendant's Attorney:
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Description: Montgomery, Alabama personal injury lawyer represented Plaintiff, who sued Defendant on a negligence theory claiming to have suffered injuries and/or damages as a direct result of an accident in Defendant's restaurant.
MoreLaw Legal News For Montgomery
This case was filed in the Circuit Court of Montgomery County, AL, 03-cv-20-900711.00, and was removed to federal court by the Defendant.
On March 12, 2020, Gallion, a local attorney, tripped and fell over a mat outside the entrance to Zoes, a fast-casual restaurant located in Montgomery, Alabama. Gallion claims that he can no longer play golf and that his profession as an attorney has been severely curtailed, if not ended, as a result of his injuries. (Doc. 1-4 at 2.)
On May 29, 2020, Gallion filed a premises liability lawsuit in the Circuit Court of Montgomery County, Alabama against Zoes and several unnamed fictitious party defendants. (Doc. 1-1.) Those fictitious defendants included the entity, whose name was then-unknown, responsible for maintaining the premises where the mat was located, the entity that owned the premises, and the entity that was responsible for the mat and its condition. (Doc. 1-1.)
Zoes subsequently removed the case to this Court, asserting the existence of complete diversity.
After Gallion's initial attempt at remand was denied by the Court (see Doc. 21), on May 19, 2021, Gallion filed a Motion for Leave to File Amended Complaint (see Doc. 25), pursuant to Rule 15(c), Fed. R. Civ. P., with an accompanying proposed amended complaint. (See Doc. 25-1.) In his motion, Gallion expressly sought “to add two new Defendants as parties in this case” that he claimed to have learned through review of Zoes' recently provided discovery responses. (Doc. 25 at 1.) One of those defendants was Zelda, a limited partnership domiciled in Alabama. (Doc. 25-1 at 1.)
In response to Gallion's motion, the Court issued a show cause order requiring Zoes to show cause as to why Gallion's motion should not be granted. (See Doc. 26.) Zoes did not lodge any opposition or file anything in response to the Court's order. Accordingly, Gallion's motion was granted, [1] and Cintas and Zelda were added into the lawsuit as additional defendants without opposition.
Once Zelda was added to the case and its domicile conclusively reflected in the record, the Court issued an order requiring the parties to show cause why the case should not be remanded to the Circuit Court of Montgomery County, Alabama due to a lack of subject matter jurisdiction. (Doc. 41.) Tagging along with the Court's concern, Gallion filed a renewed motion to remand, which is presently before the Court. (Doc. 44.)...
Gallion v. Zoe's Rests. (M.D. Ala. 2021)
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
Business owners owe a duty of due care in the maintenance and operation of their businesses to minimize the risk of injury or death to business invitees. Simply being injured on someone else's property does not necessarily mean that there was an unsafe condition present or that the property owner was negligent.
Kent Morlan on Torts
Outcome: Remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments:
Defendant's Attorney:
Click Here to Watch How To Find A Lawyer by Kent Morlan
Click Here For The Best Mongromery Personal Injury Lawyer Directory
If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer.
Description: Montgomery, Alabama personal injury lawyer represented Plaintiff, who sued Defendant on a negligence theory claiming to have suffered injuries and/or damages as a direct result of an accident in Defendant's restaurant.
MoreLaw Legal News For Montgomery
This case was filed in the Circuit Court of Montgomery County, AL, 03-cv-20-900711.00, and was removed to federal court by the Defendant.
On March 12, 2020, Gallion, a local attorney, tripped and fell over a mat outside the entrance to Zoes, a fast-casual restaurant located in Montgomery, Alabama. Gallion claims that he can no longer play golf and that his profession as an attorney has been severely curtailed, if not ended, as a result of his injuries. (Doc. 1-4 at 2.)
On May 29, 2020, Gallion filed a premises liability lawsuit in the Circuit Court of Montgomery County, Alabama against Zoes and several unnamed fictitious party defendants. (Doc. 1-1.) Those fictitious defendants included the entity, whose name was then-unknown, responsible for maintaining the premises where the mat was located, the entity that owned the premises, and the entity that was responsible for the mat and its condition. (Doc. 1-1.)
Zoes subsequently removed the case to this Court, asserting the existence of complete diversity.
After Gallion's initial attempt at remand was denied by the Court (see Doc. 21), on May 19, 2021, Gallion filed a Motion for Leave to File Amended Complaint (see Doc. 25), pursuant to Rule 15(c), Fed. R. Civ. P., with an accompanying proposed amended complaint. (See Doc. 25-1.) In his motion, Gallion expressly sought “to add two new Defendants as parties in this case” that he claimed to have learned through review of Zoes' recently provided discovery responses. (Doc. 25 at 1.) One of those defendants was Zelda, a limited partnership domiciled in Alabama. (Doc. 25-1 at 1.)
In response to Gallion's motion, the Court issued a show cause order requiring Zoes to show cause as to why Gallion's motion should not be granted. (See Doc. 26.) Zoes did not lodge any opposition or file anything in response to the Court's order. Accordingly, Gallion's motion was granted, [1] and Cintas and Zelda were added into the lawsuit as additional defendants without opposition.
Once Zelda was added to the case and its domicile conclusively reflected in the record, the Court issued an order requiring the parties to show cause why the case should not be remanded to the Circuit Court of Montgomery County, Alabama due to a lack of subject matter jurisdiction. (Doc. 41.) Tagging along with the Court's concern, Gallion filed a renewed motion to remand, which is presently before the Court. (Doc. 44.)...
Gallion v. Zoe's Rests. (M.D. Ala. 2021)
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
Business owners owe a duty of due care in the maintenance and operation of their businesses to minimize the risk of injury or death to business invitees. Simply being injured on someone else's property does not necessarily mean that there was an unsafe condition present or that the property owner was negligent.
Kent Morlan on Torts
Description: Montgomery, Alabama personal injury lawyer represented Plaintiff, who sued Defendant on a negligence theory claiming to have suffered injuries and/or damages as a direct result of an accident in Defendant's restaurant.
Kent Morlan on Torts
Outcome: Remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments: