Kayla A. Griffitts v. Walmart, Inc. et al.

Summary

The United States District Court for the Central District of Illinois considers motions to dismiss nondiverse defendants based on fraudulent joinder. The court concludes that Lauren N. Maschoff and Tabitha L. Resler could not be liable under Illinois negligence or premises-liability law because they did not work at the Walmart store during the relevant time and were not alleged to have breached an independent duty to the plaintiff. The motions are granted, Counts II, IV, V, and VI are dismissed, and Maschoff and Resler are dismissed as parties under Federal Rule of Civil Procedure 21.

Holdings

1. A nondiverse defendant is fraudulently joined when, after resolving factual and legal issues in the plaintiff's favor, the plaintiff has no reasonable possibility of establishing a cause of action against that defendant. Because Griffitts had no reasonable possibility of recovery against Maschoff or Resler, both were fraudulently joined and could be dismissed under Rule 21, allowing the court to retain diversity jurisdiction.
2. An employee or agent may be liable in tort to a third party only for breaching an independent duty owed to that third party; breach of a duty owed solely to the principal does not independently establish tort liability.

Questions Presented

1. Whether Maschoff and Resler were fraudulently joined nondiverse defendants such that the court could dismiss them under Federal Rule of Civil Procedure 21 and retain diversity jurisdiction.
2. Whether Griffitts pleaded a reasonable possibility of prevailing on premises-liability or general-negligence claims against Maschoff and Resler under Illinois law.
3. Whether the court retained subject-matter jurisdiction after dismissing the nondiverse defendants.

Disposition

dismissed