SIMMONS EX REL. SIMMONS v. Norfolk S. Ry. Co.
District Court, S.D. Illinois
1Opinion of the Court
MEMORANDUM AND ORDER
MURPHY, Chief Judge.
Before the Court is a motion to remand. Charles K. Simmons, Sr., brought suit in state court against the Norfolk Southern Railway Company and Norfolk Southern Corporation (“Norfolk”) and its engineer, Jody A. Thomas, for the wrongful death of his decedent. Simmons also asserts a claim under the Illinois Survival Act and a claim for medical and funeral expenses. These are separate claims and, for purposes of determining the amount in controversy, should be aggregated. The amount in controversy requirement for purposes of diversity jurisdiction is met.
The…
2Cases cited7 opinions
- Chesapeake & Ohio Railway Co. v. CockrellSupreme Court of the United States · 1914
- Gus Poulos and A.G.P. Marketing v. Naas Foods, Incorporated and Ranks, Hovis, McDougall Plc Group (Rhm Holdings U.S.A. Incorporated)Court of Appeals for the Seventh Circuit · 1992
- Gottlieb v. Westin Hotel Co.Court of Appeals for the Seventh Circuit · 1993
- Eugene Schwartz and Pamela Schwartz v. State Farm Mutual Automobile Insurance Company and Robert E. ComteCourt of Appeals for the Seventh Circuit · 1999
- Southern Railway Co. v. LloydSupreme Court of the United States · 1916
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