Watterson v. GMRI, Inc.

MEMORANDUM OPINION AND ORDER

STAKER, Senior District Judge.

The issue before the court is whether the defendant may contest the plaintiffs’ allegation in their complaint of a specific sum, which is less than the minimum required for diversity jurisdiction, as the amount in controversy and thereby effectuate removal of the case from state court.

I. Introduction

The plaintiffs instituted this suit in the Circuit Court of Cabell County alleging that the plaintiff Jo Ann Watterson had slipped and fallen while she was a business invitee at defendant’s premises. Her fall purportedly was caused by the…