Merry v. Highland Hospital
- James Donato
- 3:24-cv-06312
- U.S. District Court · Northern District of California
- 2
In Merry v. Highland Hospital, Judge Donato allowed an amended complaint, added a California defendant, and remanded the negligence case to state court.
James Merry, General Electric Company, General Electric & Machinery, Inc., Highland Hospital, and GCX Corporation were affected by the amendment and remand order; the underlying claims remain for the state court to address.
What happened
Merry v. Highland Hospital is a negligence and products-liability case brought by James Merry, a nurse anesthetist who says a monitor fell from an anesthesia machine and struck his head. General Electric Company removed the case to federal court, claiming diversity jurisdiction and arguing that two other defendants were sham defendants.
Merry asked to file a second amended complaint. He sought to remove General Electric & Machinery, Inc., which he said was an unrelated heating and air-conditioning company, and add GCX Corporation, whose name appeared on the anesthesia machine. No defendant opposed the request.
Judge Donato granted leave to amend under the federal procedural rules, deemed the second amended complaint filed, and remanded the case to California Superior Court for Alameda County. The pending motions to dismiss and motion to remand were terminated as moot.
The detailed version
- Merry v. Highland Hospital · No. 3:24-cv-06312
- James Donato
- Feb. 14, 2025
Background
James Merry filed a negligence and products-liability action after allegedly being injured when a large monitor on an anesthesia machine fell and struck his head. The opinion identifies Merry as a nurse anesthetist.
General Electric Company removed the case to federal court, invoking diversity jurisdiction. GE argued that Merry and GE were completely diverse and that the citizenship of General Electric & Machinery, Inc. and Highland Hospital should be disregarded because those defendants were allegedly sham defendants.
Requested Amendment
Merry requested permission to file a second amended complaint. He sought to remove General Electric & Machinery, Inc. as a defendant and add GCX Corporation. Merry explained that he had learned General Electric & Machinery, Inc. was an HVAC company unrelated to General Electric Company, and that GCX Corporation’s name was stamped on the anesthesia machine involved in the incident. No defendant opposed the request.
Ruling
The court found it appropriate under Federal Rule of Civil Procedure 15 and 28 U.S.C. § 1447(e) to permit the amendment and remand the action. The court noted that the case was still in its early stages and that GCX Corporation and Merry were both citizens of California.
The second amended complaint was deemed filed. The case was remanded to the Superior Court of California for Alameda County. The pending motions to dismiss and the pending motion to remand were terminated as moot. The order did not decide the underlying negligence or products-liability claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.