Donna Smith et al. v. Walmart Inc. et al.

Summary

This Report and Recommendation addresses Plaintiffs’ motion to remand a premises-liability action against Walmart, Inc. and employee Vernon Pitts, Sr. The court recommends denying remand, concluding that Pitts was improperly joined because the pleadings did not allege that he breached an independent personal duty under Louisiana law, thereby preserving diversity jurisdiction.

Holdings

1. Pitts was improperly joined because the petition alleged only generalized employment-related safety responsibilities and did not allege that he owed Donna Smith an independent personal duty, had relevant personal contact with her, or personally breached a duty that caused her injuries.
2. Pitts's Louisiana citizenship may be disregarded for determining subject-matter jurisdiction because he was improperly joined.

Questions Presented

1. Whether Pitts was improperly joined because the petition failed to state a reasonable basis for predicting that the plaintiffs could recover against him under Louisiana law.
2. Whether Pitts's citizenship should be disregarded for purposes of diversity jurisdiction.
3. Whether the plaintiffs' motion to remand should be denied.

Disposition

other