Case 2:18-cv-04373-SSV-KWR Document 1 Filed 04/27/18 Page 1 of 9
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF LOUISIANA
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`KIERRA THOMAS,
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`ANTOINE CLARK,
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`AND SHIRLEY HARRIS
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`VERSUS
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`RANDALL CHAMBERS,
`GOD’S WAY TRUCKING, LLC
`CANAL INSURANCE COMPANY
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`CASE NO:
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`JUDGE
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`MAG.
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`NOTICE OF REMOVAL
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`NOW INTO COURT, through undersigned counsel, come Defendants, Randall
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`Chambers, God’s Way Trucking, LLC and Canal Insurance Company (hereinafter collectively
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`referred to as “Defendants”), which files this Notice of Removal pursuant to 28 U.S.C. § 1332
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`and 28 U.S.C. § 1441, and hereby removes this matter from the docket of the Civil District Court
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`for the Parish of Orleans, State of Louisiana, to the docket of this Honorable Court.
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`I.
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`On April 6, 2018, Plaintiffs, Kierra Thomas, Antoine Clark and Shirley Harris
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`(hereinafter referred to as “Plaintiffs”), filed a personal injury lawsuit against Randall Chambers,
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`God’s Way Trucking, LLC and Canal Insurance Company in the Civil District Court for the
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`Parish of Orleans, State of Louisiana, Docket Number 18-3418, entitled, “Kierra Thomas,
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`Antoine Clark and Shirley Harris versus Randall Chambers, God’s Way Trucking, LLC and
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`Canal Insurance Company.”1 The lawsuit arises from an alleged motor vehicle collision which
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`occurred on or about April 24, 2017, in Orleans Parish, Louisiana.2
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`1 A copy of the Petition for Damages is attached hereto as Exhibit “A”
`2 Id. at paragraphs 7-10.
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`Case 2:18-cv-04373-SSV-KWR Document 1 Filed 04/27/18 Page 2 of 9
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`II.
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`Service of citation and a copy of the Original Petition for Damages was requested on
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`Defendants, Randall Chambers and God’s Way Trucking, LLC, via the Louisiana Long Arm
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`Statute, and Randall Chambers and God’s Way Trucking, LLC were served on or about April 16,
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`2018.
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`III.
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`Service of citation and a copy of the Original Petition for Damages was requested on
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`Defendant, Canal Insurance Company, via the Louisiana Secretary of State. As of this filing,
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`Canal Insurance Company has not been served with the Plaintiffs’ Petition for Damages, but
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`Canal Insurance Company waives service and consents to this removal.
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`REMOVAL IS PROPER BECAUSE THIS COURT HAS SUBJECT MATTER
`JURISDICTION PURUSANT TO 28 U.S.C. § 1332.
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`I.
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`IV.
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`28 U.S.C. § 1332 provides federal district courts with concurrent original jurisdiction in
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`cases “where the amount in controversy exceeds the sum or value of $75,000.00, exclusive of
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`interest and costs, and is between – (1) citizens of different states….”
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`A.
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`THE AMOUNT IN CONTROVERSY EXCEEDS $75,000.00
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`V.
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`The Fifth Circuit has explained that for purposes of establishing removal jurisdiction, a
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`defendant may demonstrate that the amount in controversy exceeds $75,000.00, “in either of two
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`ways: (1) by demonstrating that it is ‘facially apparent’ from the petition that the claim likely
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`exceeds $75,000 of (2) ‘by setting forth the facts in controversy – preferably in the removal
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`petition, but sometimes by affidavit – that support a finding of the requisite amount.’”3
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`VI.
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`Louisiana Code of Civil Procedure Article 893 specifically prohibits the pleading of the
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`amount of monetary damages sought, and Plaintiffs’ Petition for Damages did not set forth the
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`specific amount of damages sought. However, Plaintiffs’ Petition for Damages does not comply
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`with the Louisiana Code of Civil Procedure in that it does not contain a general allegation that
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`the claims are more or less than the requisite amount for federal court diversity jurisdiction, as is
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`specifically required by La. C.C.P. art. 893(A)(1).
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`VII.
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`Plaintiff, Shirley Harris, claims that she suffered “personal and bodily injuries including,
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`but not limited to, injuries to her neck and back. All of her damages are serious in nature and
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`require continuing medical care and treatment. The full residual effects are not yet known.” 4
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`VIII.
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`Plaintiff, Shirley Harris, further alleged in Paragraph 24 of her Petition for Damages as
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`follows:
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`As a result of the motor vehicle collision at issue, Ms. Harris suffered severe
`physical and mental injuries as well as inconvenience, entitling her to recover
`damages, including, but not limited to:
`a. Past, present and future mental pain and suffering;
`b. Past, present and future physical pain and suffering;
`c. Past, present and future medical expenses;
`d. Past, present and future lost earnings;
`e. Loss of earning capacity;
`f. Loss of enjoyment of life; and
`g. All damages allowed under Louisiana law which may be proven at the
`trial of this matter. 5
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`3 Grant v. Chevron Phillips Chemical Co., 309 F.3d 864, 868 (5th Cir. 2002)(quoting Allen v. R & H Oil & Gas Co.,
`63 F.3d 1326, 1335 (5th Cir. 1995).
`4 See Exhibit “A”, ¶ 22.
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`IX.
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`Further, Plaintiff’s counsel, Vanessa Motta, indicated that:
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`Shirley Harris – Has multiple injuries where she is doing pain management and
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`her neuro has stated she is a surgical candidate for a disc herniation in her cervical
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`back in August. She has undergone injections in both her cervical and lumbar
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`area. Please note she is in her early 30’s, bills are over $40,000.00 thus far.
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`Surgery is approximately $150,000.00 dollars.6
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`X.
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`Also, Plaintiff, Antoine Clark, claims that he suffered “personal and bodily injuries
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`including, but not limited to, injuries to his neck and back. All of his damages are serious in
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`nature and require continuing medical care and treatment. The full residual effects are not yet
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`known.” 7
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`XI.
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`Plaintiff, Antoine Clark, further alleged in Paragraph 21 of his Petition for Damages as
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`follows:
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`As a result of the motor vehicle collision at issue, Mr. Clark suffered severe
`physical and mental injuries as well as inconvenience, entitling him to recover
`damages, including, but not limited to:
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`a. Past, present and future mental pain and suffering;
`b. Past, present and future physical pain and suffering;
`c. Past, present and future medical expenses;
`d. Past, present and future lost earnings;
`e. Loss of earning capacity;
`f. Loss of enjoyment of life; and
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`5 See Exhibit “A”, ¶ 24.
`6 See correspondence from Vanessa Motta to Canal Insurance Company, dated October 11, 2017, attached hereto as
`Exhibit “B”.
`7 See Exhibit “A”, ¶ 19.
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`g. All damages allowed under Louisiana law which may be proven at the
`trial of this matter. 8
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`XII.
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`Further, Plaintiff’s counsel, Vanessa Motta, indicated that:
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`Antoine Clark- Has a SEVERE disc herniation that is 10MM with a tear and
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`measures 15MM and has affected the nerve root near the L5-S1, and is being
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`recommended for lumbar surgery and is recommended to have surgery
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`immediately. Her bills are over $20,000.00 this far and surgery will be over
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`$150,000.00 dollars. Please not she is not even 30.9
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`XIII.
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`Spine injuries vary by severity, though spine injuries, especially herniations, often exceed
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`$65,000.00. Both Ms. Harris and Mr. Clark alleged injuries including herniations, and both have
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`reportedly incurred over $20,000.00 in past medical expenses. Routinely, un-operated herniation
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`general damage awards in the Fourth Circuit and other circuits are in the range of $65,000.00 to
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`$100,000.0010, or even up to $150,000.00.11
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`XIV.
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`The Court can exercise supplemental jurisdiction over the claims of Kierra Thomas
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`regardless of the amount in controversy with respect to their claims. 28 U.S.C.A. § 1367(a);
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`8 See Exhibit “A”, ¶ 21.
`9 See correspondence from Vanessa Motta to Canal Insurance Company, dated October 11, 2017, attached hereto as
`Exhibit “B”.
`10 Williams v. Mathieu, 2013-1373 (La. App. 4 Cir. 10/29/14), 155 So.3d 54 ($65,000.00 for herniated discs at C3-4.
`C5-6, bulge at C6-7 and L5-S1); Donaldson v. Hudson Ins. Co., 2012-1013 (La. App. 4 Cir. 4/10/13), 116 So.3d 46
`($125,000 for cervical and lumbar disc herniations, cervical injections, future care required); Woolfork v. Trism,
`Inc., 2007-0749 (La. App. 4 Cir. 1/16/08); 976 So.2d 216 ($63,000 for herniated lumbar disc); Fruge v. Hebert
`Oilfield Const., Inc., 2003-349 (La. App. 3 Cir. 10/1/03), 856 So. 2d 100, writ denied sub nom. Fruge v. Herbert
`Oilfield Const., Inc., 2003-2997 (La. 1/30/04), 865 So. 2d 77 ($100,000.00 for lumbar herniation with possible
`future surgery).
`11 Hoyt v. Gray Ins. Co., 00-2517, (La. App. 4 Cir. 1/31/02), 809 So.2d 1076 (lumbar disc bulge; cervical
`radiculopathy; residual pain).
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`Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 549 (2005); Earl v. Myers, No.
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`CIV.A. 10-1885, 2010 WL 4875656, at *2 (E.D. La. Nov. 23, 2010). Ms. Thomas alleged
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`“personal and bodily injuries including, but not limited to, injuries to his neck and back. All of
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`his damages are serious in nature and require continuing medical care and treatment. The full
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`residual effects are not yet known,”12 seeking damages for:
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`a. Past, present and future mental pain and suffering;
`b. Past, present and future physical pain and suffering;
`c. Past, present and future medical expenses;
`d. Past, present and future lost earnings;
`e. Loss of earning capacity;
`f. Loss of enjoyment of life;
`g. Property Damage; and
`h. All damages allowed under Louisiana law which may be proven at the
`trial of this matter. 13
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`COMPLETE DIVERSITY EXISTS
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`B.
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`XV.
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`Defendant, Randall Chambers, is a person of the full age of majority and is domiciled in a
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`citizen of the County of Bulloch, State of Georgia.14
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`XVI.
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`Defendant, God’s Way Trucking, LLC is a “foreign limited liability company licensed by
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`the State of Georgia.”15 God’s Way Trucking has only one member, Laura Chambers, who is a
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`citizen of the State of Georgia.16
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`XVII.
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`Defendant, Canal Insurance Company, is a foreign insurance company, incorporated in
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`the State of South Carolina with its principal place of business in Greenville, South Carolina.17
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`12 See Exhibit “A”, ¶ 16.
`13 See Exhibit “A”, ¶ 18.
`14 See Exhibit “A”, ¶ II-3.
`15 See Exhibit “A”, ¶ II-3.
`16 Articles of Organization of God’s Way Trucking, LLC, attached hereto as Exhibit “C”.
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`XVIII.
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`Based on Paragraph II-2 of the Petition for Damages, Plaintiffs, Antoine Clark and
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`Shirley Harris, are persons of the full age of majority and is domiciled in Orleans Parish,
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`Louisiana, and resides in and is a citizen of the State of Louisiana.18 Plaintiff, Kierra Thomas, is
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`a person of full age of majority and is domiciled in County of Denton, Texas.19
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`XIX.
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`There is complete diversity between the Plaintiffs and Defendants. As of the date of
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`filing of this Notice of Removal, Plaintiffs have not named any other parties as Defendants.
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`II.
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`DEFENDANTS HAVE SATISFIED THE PROCEDURAL REQUIREMENTS FOR
`REMOVAL
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`XX.
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`Citation and a copy of the Original Petition for Damages was served on Randall
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`Chambers and God’s Way Trucking, LLC on or about April 16, 2018. Canal Insurance
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`Company has not been served as of this filing, but waives service and consents to this removal.
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`XXI.
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`There is no other party needed to consent to the removal of this case.
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`XXII.
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`The Notice of Removal was properly filed within thirty (30) days of service of Plaintiffs’
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`Petition for Damages on April 16, 2017.
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`XXIII.
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`Based upon the foregoing, this is a civil action over which this Court has original
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`jurisdiction pursuant to 28 U.S.C. §1332 (a), and is one which may be removed to this Court by
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`17 See Exhibit “A”, ¶ II-3. See also, Louisiana Department of Insurance listing for Canal Insurance Company,
`attached hereto as Exhibit “D”.
`18 See Exhibit “A”.
`19 Id.
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`Defendants pursuant to 28 U.S.C. §1441; this is a civil action wherein the plaintiffs’ alleged
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`damages exceed the sum of $75,000.00, exclusive of interest and costs, and the Plaintiffs are
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`diverse from the Defendants.
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`XXIV.
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`In accordance with 28 U.S.C. §1446(d), Defendants will provide appropriate Notice of
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`this Removal to the plaintiff and to the Clerk of Court for Civil District Court for the Parish of
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`Orleans, State of Louisiana.
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`XXV.
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`No previous application has been made for the relief requested herein.
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`XXVI.
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`The Notice of Removal is signed pursuant to Rule 11 of the Federal Rules of Civil
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`Procedure and Uniform Local Rules of the District Courts.
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`JURY DEMAND
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`XXVII.
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`Defendants are entitled to and hereby request a trial by jury on all issues herein.
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`Case 2:18-cv-04373-SSV-KWR Document 1 Filed 04/27/18 Page 9 of 9
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`WHEREFORE, Defendants, Randall Chambers, God’s Way Trucking, LLC and Canal
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`Insurance Company, pray that the action entitled, “Kierra Thomas, Antoine Clark and Shirley
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`Harris versus Randall Chambers, God’s Way Trucking, LLC and Canal Insurance Company,”
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`bearing number 18-3418, pending in the Civil District Court for the Parish of Orleans, State of
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`Louisiana be removed from the state court docket to the United States District Court for the
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`Eastern District of Louisiana.
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`Respectfully submitted,
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`/s/ Guy D. Perrier_______________
`GUY D. PERRIER, #20323
`DUSTIN L. POCHÉ, #33451
`PERRIER & LACOSTE, LLC
`One Canal Place
`365 Canal Street, Suite 2550
`New Orleans, Louisiana 70130
`Tel: (504) 212-8820;
`Fax: (504) 212-8825
`Email: gperrier@perrierlacoste.com
`Email: dpoche@perrierlacoste.com
`ATTORNEYS FOR DEFENDANTS,
`Randall Chambers, God’s Way Trucking,
`LLC, and Canal Insurance Company
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`CERTIFICATE OF SERVICE
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` hereby certify that the foregoing pleading
`has been delivered to all counsel of record,
`either
`through
`the CM/ECF
`system,
`depositing a copy of same in the United
`States mail, first class postage prepaid, by
`hand delivery or by facsimile transmission,
`this 27th day of April, 2018, at their last
`known address of record.
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`/s/ Guy D. Perrier_________
` GUY D. PERRIER
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