Troupe v. C&S Wholesale Grocers, Inc.

2009 WL 1938787 (M.D. Ga 2009)

Facts

P slipped and fell on premises owned and operated by C&S (D). P asserts that she suffered 'severe physical injuries' and 'excruciating and severe physical distress' as a result of D's negligent inspection and maintenance of its premises. P sued in state court seeking damages for medical expenses in an amount 'in excess of $13,637.00' and prays for an additional award of 'all damages for special and general damages, including pain and suffering, both mental and physical, in the amount to be proven at the time of trial.' P also sought punitive damages, the cost of litigation, and 'such other and further relief as this court deems just and proper.'  D filed a notice of removal.  P then filed the present motion seeking remand and an award of payment of just costs, actual expenses, and attorney fees incurred.