1) TJX Companies, Inc., which operates Homegoods stores, filed a Notice of Removal to transfer a personal injury lawsuit filed against it in Wilson County Circuit Court, Tennessee to the U.S. District Court for the Middle District of Tennessee.
2) The plaintiff, Catherine Sabel, was allegedly struck in the head by a falling metal object while shopping at a Homegoods store, fracturing her wrist and requiring multiple surgeries.
3) TJX claims the requirements for removal are met as the plaintiff and defendant are citizens of different states (Tennessee and Massachusetts, respectively) and the amount in controversy is likely over $75,000.
1) TJX Companies, Inc., which operates Homegoods stores, filed a Notice of Removal to transfer a personal injury lawsuit filed against it in Wilson County Circuit Court, Tennessee to the U.S. District Court for the Middle District of Tennessee.
2) The plaintiff, Catherine Sabel, was allegedly struck in the head by a falling metal object while shopping at a Homegoods store, fracturing her wrist and requiring multiple surgeries.
3) TJX claims the requirements for removal are met as the plaintiff and defendant are citizens of different states (Tennessee and Massachusetts, respectively) and the amount in controversy is likely over $75,000.
1) TJX Companies, Inc., which operates Homegoods stores, filed a Notice of Removal to transfer a personal injury lawsuit filed against it in Wilson County Circuit Court, Tennessee to the U.S. District Court for the Middle District of Tennessee.
2) The plaintiff, Catherine Sabel, was allegedly struck in the head by a falling metal object while shopping at a Homegoods store, fracturing her wrist and requiring multiple surgeries.
3) TJX claims the requirements for removal are met as the plaintiff and defendant are citizens of different states (Tennessee and Massachusetts, respectively) and the amount in controversy is likely over $75,000.
1) TJX Companies, Inc., which operates Homegoods stores, filed a Notice of Removal to transfer a personal injury lawsuit filed against it in Wilson County Circuit Court, Tennessee to the U.S. District Court for the Middle District of Tennessee.
2) The plaintiff, Catherine Sabel, was allegedly struck in the head by a falling metal object while shopping at a Homegoods store, fracturing her wrist and requiring multiple surgeries.
3) TJX claims the requirements for removal are met as the plaintiff and defendant are citizens of different states (Tennessee and Massachusetts, respectively) and the amount in controversy is likely over $75,000.
The TJX Companies, Inc. d/b/a Homegoods, by and through counsel, pursuant to 28 USC
section §§1332, 1441(b), 1446, hereby files this Notice of the Removal of this action from the
Circuit Court of Wilson County, State of Tennessee, to the United States District Court for the
Middle District of Tennessee at Nashville.
As grounds for this removal, TJX states as follows:
1. According to the complaint for personal injuries, while shopping at Homegoods,
Catherine Sabel (Plaintiff) was struck from above by a heavy metal object on the head. (Complaint,
¶7). Plaintiff alleges she “suffered serious personal injuries as a result of the fallen metal object
including but not limited toa fractured right wrist that required two surgeries (Complaint, ¶ 8). At
this time, Plaintiff has not sought a dollar amount judgment but based on Plaintiff allegedly
requiring multiple surgeries, said judgment sought will exceed $75,000. Id.
2. The Plaintiff is a citizen and resident of Lebanon, Tennessee. (Complaint, ¶ 1).
3. The Defendant, TJX Companies Inc., is a Delaware Corporation with its principal
place of business in Framingham, Massachusetts. (See Complaint, ¶ 2)
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4. Therefore, there is complete diversity between the parties and the amount in
controversy is in excess of $75,000, in accordance with 28 U.S.C. §1332. Accordingly,
jurisdiction is conferred under 28 U.S.C. §1332.
5. This case is an action over which the court has original jurisdiction under 28 U.S.C.
§1333 and is one of which may be removed to this Court by the Defendant TJX Companies,
pursuant to the provisions of 28 U.S.C. §1441 and that it is a civil action brought in a State Court
of which the District Court of the United States has original jurisdiction.
6. While additionally, TJX was served on June 23, 2022. Therefore thirty (30) days
have not expired since service of process and this Notice of Removal is timely filed as set forth in
28 U.S.C. §1446(b)
7. Pursuant to 28 U.S.C. §1446(a), copies of all pleadings to date are attached as
Exhibit A.
8. TJX will provide notice to the Plaintiff of this removal, through delivery of a copy
of this Notice of Removal to their counsel of record, and to the clerk of the Circuit Court for
Davidson County, through filing into the record therein a Notice of Filing a Notice of Removal,
pursuant to 28 U.S.C. §1446(b).
9. Therefore, TJX respectfully requests this Court take jurisdiction of this action, and
that this case be removed from the Circuit Court of Davidson County, State of Tennessee to this
Court.
Case 3:22-cv-00533 Document 1 Filed 07/15/22 Page 2 of 3 PageID #: 2
Respectfully submitted,
LUTHER - ANDERSON, PLLP
BY: /s/ Alaric A. Henry
ALARIC A. HENRY, BPR# 14885 Attorneys for Defendant One Union Square, Suite 700 100 W. Martin Luther King Blvd. Chattanooga, Tennessee 37402 (423) 756-5034 (423) 265-9903 (fax) aah@lutheranderson.com acb@lutheranderson.com
CERTIFICATE OF SERVICE
I hereby certify that on July 15, 2022, a copy of the foregoing pleading was filed electronically. Notice of this filing will be sent by operation of the Court’s electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. Mail. Parties may access this filing through the Clerk’s electronic filing system.
LUTHER - ANDERSON, PLLP
BY: /s/ Alaric A. Henry
Case 3:22-cv-00533 Document 1 Filed 07/15/22 Page 3 of 3 PageID #: 3
