PHILADELPHIA – The case of a New Jersey woman who was a passenger traveling on a bus for Harrah’s Casino suing for damages after allegedly being injured when the bus in question cut off another vehicle has been remanded to a state court.
Daniela Lizardo of Pennsauken, N.J. first filed suit in the Philadelphia County Court of Common Pleas on May 13 versus Caesars Entertainment Operating Company, Inc. (doing business as “Harrah’s Casino”) of Harrisburg, Harrah’s Casino (doing business as “Harrah’s Chester Casino & Racetrack) of Chester, JHL International Corporation of Gaithersburg, Md., Richard Williams of Damascus, Md., John/Jane Does Nos. 1-5 and John/Jane Doe Corporations, Nos. 1-5.
“On May 19, 2018, at approximately 6:20 p.m., Ms. Lizardo was a passenger on the Courtesy Van…operated by defendant Richard Williams and owned by defendants Harrah’s Casino, JHL International Corporation, John/Jane Does Nos. 1-5 and/or John/Jane Doe Corporations Nos. 1-5, wherein Williams was operating the Courtesy Van in a reckless, careless and negligent manner when he, suddenly and without warning, cut off another vehicle and slammed on his brakes at Penn Square and South Broad Street in Philadelphia, Pennsylvania, causing Lizardo, whose seatbelt did not work, to propel out of her seat and slam onto the floor of the Courtesy Van, sustaining serious and permanent bodily injuries,” the suit stated.
“The aforementioned accident was caused by the negligence and carelessness of the defendants and was due in no manner whatsoever to any act or failure to act on the part of plaintiff, Lizardo.”
As a result, Lizardo suffered injuries to her left hip, lumbosacral spine, back, left leg, wrist, mental and emotional injuries, immobility and functional decline, embarrassment and humiliation and a loss of ability to care for herself in the natural course of daily life, the suit said.
The case was removed to the U.S. District Court for the Western District of Pennsylvania on June 24, based on the amount sought in the suit and diversity of jurisdiction between the parties.
UPDATE
Lizardo filed a motion on July 20 to remand the action to the Philadelphia County Court of Common Pleas due to an alleged lack of subject matter jurisdiction and the defendants having allegedly waived the right of removal, along with her receiving costs.
“Caesars Entertainment Operating Company was served in Pennsylvania and is typically defended in lawsuits under the Pennsylvania entity Chester Downs and Marina, LLC. The accident that forms the basis of the Complaint occurred at Penn Square and South Broad Street, in Philadelphia, Pennsylvania,” per the motion.
“Accordingly, pursuant to 28 U.S.C. Section 1441(b)(2), this matter may not be removed to federal court on the basis of diversity jurisdiction and should be remanded back to the Philadelphia County Court of Common Pleas.”
However, U.S. District Court for the Eastern District of Pennsylvania Judge Jan E. DuBois only granted the motion in part – remanding the case, but not with costs included, as that point was rendered moot.
For multiple counts of negligence and negligence sounding in recklessness, the plaintiff is seeking damages, jointly and severally, in excess of the jurisdictional arbitration limit, plus compensatory damages, interest, costs, attorney’s fees and other relief deemed just and appropriate by the Court.
The plaintiff is represented by Alaina A. Gregorio of Messa & Associates, in Philadelphia.
The defendants are represented by Damian Jackson of Fox Rothschild, in Blue Bell.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-03043
Philadelphia County Court of Common Pleas case 200500747
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com