Torres v. Merriman

Background

Tiphanie Torres sued Roger Merriman in the Supreme Court of the State of New York, County of Bronx, alleging that she was injured in a motor-vehicle accident. Merriman removed the case to federal court, asserting diversity jurisdiction under 28 U.S.C. § 1332 because he claimed the parties were citizens of different states and that the amount in controversy exceeded $75,000.

Torres’s complaint did not specify the amount of damages. It stated only that her damages exceeded the jurisdictional limits of lower courts. The opinion explains that New York law does not permit a personal-injury complaint to state a specific damages amount.

Jurisdictional Analysis

A defendant seeking removal based on diversity jurisdiction bears the burden of showing a reasonable probability that the amount in controversy exceeds $75,000. When the complaint does not state a specific amount, the defendant must provide facts supporting that amount by a preponderance of the evidence.

The court found that Merriman’s notice of removal contained only the conclusory statement that the amount in controversy exceeded $75,000. The court also noted that Merriman’s answer denied Torres’s allegation that her damages exceeded the lower courts’ jurisdictional limits and asserted that the accident did not cause a serious injury. Merriman provided no factual support for the claimed amount.

Ruling

Judge Philip M. Halpern held that Merriman failed to establish the required amount in controversy and that removal from state court was improper. The court remanded the action to the state court from which it was removed. The Clerk was directed to send the order to the Supreme Court of the State of New York, County of Bronx, close the federal action, and terminate all pending matters.