Hoffman v. Vulcan Materials Company

19 F.Supp.2d 475 (1998)

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Nature of the Case

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Facts

Ps, homeowners, filed a complaint in state court alleging that D committed nuisance and trespass against them through its operation of a quarry near their homes. Ps alleged that D created excessive dust, flying rocks, noise, and blasting shocks. Ps claimed contended that their health, peace of mind, land, and homes have been damaged. Ps listed their damages only as 'in excess of $10,000.' Each P sought an amount in excess of $10,000 for damage to their homes and property from the blasting shocks, an amount in excess of $10,000 for the trespass and nuisance created by the dust and rocks which land on their property, and an amount in excess of $10,000 in punitive damages. Ps also asked for an injunction to prevent a continuing trespass and nuisance. D removed the case pursuant to 28 U.S.C. § 1441, contending that the case met the requirements for diversity jurisdiction as set out in 28 U.S.C. § 1332. Ps sought remand back to state court. The parties are of diverse citizenship as required by 28 U.S.C. § 1332(a). Ps claim that D failed to show the jurisdictional amount of $75,000 because each P only seeks damages in excess of $30,000 each.