United States District Court, D. New Jersey
MEMORANDUM AND ORDER
G. SHERIDAN, U.S.D.J.
matter is before the Court on a motion to change venue by MGM
Resorts International, Inc. (plead as The Mirage
Casino-Hotel) (ECF No. 6); and a motion to remand this matter
to state court by Plaintiff Maria Nalbone because the
requirements for diversity jurisdiction are not met (ECF No.
9). The Court will consider the motion to remand initially.
seeks to remand this case to the Superior Court of New
Jersey. Plaintiff resides in New Jersey and the Mirage Casino
Hotel is a limited liability company of Nevada, with a single
member (MGM Resorts, a corporation of Nevada). Plaintiff
argues that the case has a value of less than $75, 000, and
accordingly, it does not meet diversity jurisdiction.
20, 2016, Maria Nalbone (87 years old) fell in her room at
the Mirage Casino Hotel in Las Vegas. Evidently, water
collected in an area of the bathroom and she slipped and
fell. The fall caused an injury to one of her ribs.
physicians in Las Vegas determined that she had bruised ribs,
and did not recommend any further treatment; however when
Nalbone returned to New Jersey, she still had pain.
Nalbone's primary care physician recommended she be
rechecked at a local hospital. The hospital (Robert Wood
Johnson) x-rayed Nalbone again. The staff at Robert Wood
Johnson found that Nalbone's eleventh rib was fractured,
but this did not require further treatment. As such, she was
discharged. Nalbone recovered without any complications.
demand letter to MGM dated November 18, 2016, Nalbone's
attorney stated that due to "the painful and disabling
nature of Ms. Nalbone's injuries, I am authorized to
demand $75, 000." Some of the facts underlying the
damages valuation include:
Loss Wages: $0 (Nalbone is retired)
Life Expectancy: 5.7 years.
Age: 87 Medical Costs: $5, 000 (at most)
Out of Pocket Costs: $0 (none alleged)
Treatment: Two x-rays, no hospitalization, no surgeries, no
other significant treatment.
Pain and Suffering: Loss of Sleep, restricted daily
activities, and pain in the rib area
argues that Plaintiffs counsel demand of $75, 000 was a cent
below the diversity threshold, and the low demand was an