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Date: 11-02-2022
Case Style:
Michelle R. Dyer v. Kevin E. Dixon v. Crowley Liner Services, Inc., et al.
Case Number: 6:22-cv-03246
Judge: Stephen R. Bough
Court: United States District Court for the Western District of Missouri (Greene County)
Plaintiff's Attorney:
Defendant's Attorney: Timothy B. Niedbalski
Description: Springfield, Missouri personal injury truck wreck lawyer represented Plaintiffs who sued Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of the failure to exercise due care in the operation of a motor vehicle.
This case was initially filed in the 25th Judicial Circuit, Phelps County, 21PU-CV00881
The elements of a personal injury claim in Missouri 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.
Federal courts are courts of limited jurisdiction and have no jurisdiction and do not have jurisdiction over truck wreck absent complete diversity where the amount of the damage claim exceeds $75,000.00.
Plaintiff challenged the jurisdiction of the court and sought remand.
Outcome: ORDER denying 8 motion to dismiss for lack of jurisdiction; granting 12 motion to remand; denying 14 motion for leave to file. Signed on 11/2/2022 by District Judge Stephen R. Bough. (Richard, Tracey) (Entered: 11/02/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments: